Gallop v Newport City Council - clear waiver of privilege needed before tribunal can enquire into negotiations

Employment Tribunals must not enquire into negotiations between the parties before them where no agreement is reached and where there has been no clear and unequivocal waiver of privilege by the parties.

Horticulture training officer Mr Gallop worked for Newport City Council (NCC). He went off sick, and the parties negotiated to try and reach a compromise agreement whereby he could leave NCC's employment. These efforts were unsuccessful, and so in due course and following disciplinary proceedings Mr Gallop was dismissed for gross misconduct.