Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

redmans-blog-newsAn Employment Tribunal has struck out four claimants’ cases and have ordered them to pay a five-figure sum in costs after recording the other side’s lawyers and threatening to disclose the recording.

In the case of Zia and others v Brighton University Hospitals NHS Foundation Trust the Tribunal struck out four claimants’ cases and ordered them to jointly pay £69,484 of the NHS Trust’s costs after the NHS Trust’s chief executive and its lawyers received a covert recording of the NHS Trust receiving legal advice.

Brighton University Hospitals NHS Foundation Trust was defending race discrimination claims brought Mr Zia, Mr Prakash, Mr Kaul, and Mr Swaminathan.

During the Employment Tribunal hearing, the NHS Trust’s chief executive and lawyers each received an anonymous recording of a meeting that the THS trust had had with the claimants before the case was brought, as well as a transcript of this meeting. The audio recording covered the last part of a without prejudice meeting that the NHS trust had had with the claimants in order to try and settle the potential case, followed by a legally-privileged meeting between the NHS trust and its lawyers. The recording recorded the content of the legally-privileged advice given to the NHS trust by its lawyers.

Upon receiving a copy of the recording the NHS Trust applied to strike out the claimants’ cases, alleging it was the claimants that had sent the recording and that they were attempting to place pressure on the NHS Trust to settle the case.

The Employment Tribunal struck out all four of the claimants’ cases, holding that they were all equally responsible for leaving the recording device in the room before leaving the meeting, and that they had sent the recording to the NHS Trust in order to “place pressure on the NHS Trust to settle the case”. The Tribunal found that the claimants’  behaviour was “at the very least unreasonable” and that it was proportionate to strike out the cases.

The Employment Tribunal also awarded the NHS Trust its costs in the case, ordering each claimant to pay the NHS Trust £17,371 in costs. The Tribunal also made the claimants jointly liable for the total costs of £69,484.

Chris Hadrill, a partner in the employment department at Redmans, commented on the case: “It is very unusual in Employment Tribunal cases – indeed, in any litigation – for legally-privileged material to be used to place pressure on the other side, and this is certainly a fairly unique case. Although the Employment Tribunal is an ‘informal’ forum, claimants must be careful that they do not engage in unreasonable or vexatious behaviour, else they risk having their claim struck out or being ordered to pay costs.”

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

Your name

Your email

Your telephone number

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.76 Average

123 Reviews

Jake L

Chris is very professional and calm. Very attentive and patient, been a positive experience having Chris represent me, and would recommend him.

Posted 2 weeks ago

Anonymous

Excellent service. It was a pleasure to work with Chris H, who is brilliant at what he does and very efficient. Their Senior Associate Rana T. is also very knowledgeable and resolves any queries speedily and efficiently. My issue could unfortunately not be resolved, but that was due to my employer and not the firm. Redmans however did all they could. I would definitely recommend them.

Posted 2 weeks ago

Anonymous

Very pleasant and quick to deal with. Mnay thanks.

Posted 3 weeks ago

Anonymous

Easy to get hold of. Quick.

Posted 3 weeks ago

Owen J

Very helpful, efficient service.

Posted 3 weeks ago

Anonymous

I am very lucky that I worked with Mr. Chris Hadrill and he managed my case very progressively with an analytical approach and trustfully. Of course with a very positive result. I strongly recommend Mr. Hadrill to any one seeking for a successful result from a highly qualified solicitor.

Posted 1 month ago

Kulbir S

Amazing, quick friendly service from Chris from the start and Caroline. They made me feel at ease during a difficult time, they understood and advised accordingly and I am really happy with the outcome of my case. Will always advise anyone who needs legal advice to contact Redmans, I’m so glad that I did and can confidently say I don’t think any other firm could have handled my case any better. Well done guys, wish you all the best and please keep doing what your doing, simply the best!

Posted 1 month ago

Mark A

Excellent service - rapid and “to the point” advice given to ensure meeting the target time frame

Posted 1 month ago

Anonymous

Chris Hadrill kept me sane during the negotiations with my employer. He was courteous professional and he cared about doing the best he could for me. I will use Redmans again if ever I need an employment solicitor. Excellent service.

Posted 1 month ago

Muhammad Z

Awesome services. Professionals at their best .

Posted 1 month ago

Anonymous

Thanks for the advice and for negotiating a good outcome. Good to have the support at a very stressful time

Posted 1 month ago

Chloe F

My solicitor at Redmans was very helpful and efficient. Really pleased with the smooth service.

Posted 1 month ago

Anonymous

Chris was absolutely excellent. Clear and concise, offering sound advice.

Posted 1 month ago

Tim O

Experienced and competent advisors

Posted 1 month ago

Rachel A

Quick and expert assistance. I would highly recommend Chris for any of your legal needs.

Posted 1 month ago

Joe S

I was very happy with the service provided by Chris and the team at Redmans Solicitors. I felt very comfortable discussing all matters with Chris and am very grateful for all the help and guidance I was given throughout the whole process. I would definitely recommend Redmans Solicitors to friends and family!

Posted 1 month ago

Anonymous

I had a very good experience working with Chris Hadrill during a difficult and emotional time. This held true from the moment I spoke to him on the phone, to the end of the process. Overall, he was attentive, professional and highly supportive. He provided sound advice and clarity. It was the reviews that led me to Redmans! I was very happy to know they were all true. I highly recommend working with Redmans Solicitors. Thank-you to the entire team!

Posted 1 month ago

Anonymous

Good service

Posted 1 month ago

Anonymous

Excellent professional service. Highly recommend.

Posted 1 month ago

Rob O

Very prompt response and I could not fault the service. My solicitor listened carefully to the details of my case and I felt very confident in the advice I was offered. All emails and work done on my behalf with my former employer was of the highest standard and Redmans helped take a lot of the stress out of the situation for me.

Posted 2 months ago

Mike H

Very professional, friendly, proactive. I would highly recommend Redmans.

Posted 2 months ago