Graham v. Agilitas IT Solutions Ltd [2017] UKEAT 0212/17

Employer cannot seek to rely on comments made during a protected without prejudice conversation and also rely on privilege

The appeal concerns a challenge to a preliminary hearing judgment holding that a number of discussions during meetings held on a without prejudice basis between the Mr Graham and the CEO of Agilitas prior to the termination of his employment were protected pursuant to section 111A(1) Employment Rights Act 1996 and/or under the common law without prejudice rule.