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Eversheds LLP v Gray - Holding Pre-Hearing Reviews in private [2011] EAT

A Pre-Hearing Review to consider the admissibility of "without prejudice" communications can properly be held in private by an employment tribunal.

Solicitor Mr Gray brought a claim for disability discrimination, and in his Particulars of Claim referred to a number of discussions between his own legal adviser and representatives of Eversheds. The parties disagreed as to whether these pleaded matters should attract "without prejudice" privilege, and Eversheds applied for a Pre-Hearing Review (PHR) to be held to consider the matter - in private. An Employment Judge (EJ) rejected the application, considered at the start of the PHR.

Eversheds appealed to the EAT - and won.

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