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 first name (required)

    Your last name (required)

    Your email (required)

    Your telephone number (required)

    Brief details of your enquiry

    Testimonials

    4.79 Average

    273 Reviews

    Mark M

    I found Redmans very easy to work with. Mel was very responsive, her advice led to an improved settlement. . Recommended.!

    Posted 1 day ago

    Anonymous

    Fantastic service. I would recommend Redmans to anyone who needed a Solicitor. The communication was second to none and consistent clear guidance was given.

    Posted 3 days ago

    Anonymous

    Everyone I dealt with at Redmans were professional, empathetic & always responded promptly and helped make the transition as smooth & efficient as possible for me. If you need legal advice, don’t hesitate & contact the team.

    Posted 5 days ago

    Anonymous

    Sacha was incredibly helpful and professional. Timely and accurate advice at a time I most needed it. I was extremely impressed and grateful.

    Posted 5 days ago

    Sue W

    The people at Redmans talk to you with respect and make you feel like they take your situation personal. They clearly care and are extremely professional. I have recommended Redmans to many people.

    Posted 3 weeks ago

    Anonymous

    Redmans Solicitors were consistently prompt, efficient and professional from the start of my reaching out to them for support in relation to contentious negotiations of an employment matter that continued for almost two months resulting in a positive settlement agreement. Chris Hadrill was diligent, thorough, empathetic and objective in his advice and guidance, showing deep and broad knowledge of the law and legal processes plus extensive practical experience in handling complex matters, resulting in clear and pragmatic advice in ambiguous circumstances that resulted in a very good outcome. I fully recommend Chris Hadrill and Redmans Solicitors! I have made this review anonymous purely because of the confidentiality obligations in the settlement agreement concluded.

    Posted 1 month ago

    Michelle W

    Redmans solicitors provided legal support and advice for a settlement agreement. Excellent customer service, very professional. The senior associate solicitor kept me updated throughout the process, showed empathy and the agreement was signed-off / completed within the agreed timeline.

    Posted 1 month ago

    Mark W

    Redmans Solicitors were extremely professional and helpful! Chris Hadrill handled my case and was an amazing help! His guidance, advice and understanding to my redundancy settlement were always clear, concise and very helpful and I am very grateful to him, and glad I found Redmans to help with my settlement. I highly recommend them!

    Posted 1 month ago

    Alison M

    Very happy with the advice I received

    Posted 2 months ago

    Margaret A

    I found everything about the company to be extremely professional and efficient. During my initial contact with Chris, he listened well and was reassuring, so I felt confident that my case would be well handled. Caroline was excellent at explaining all the legal points and answering my questions, as well as being very supportive and understanding throughout the process. I would definitely recommend this company.

    Posted 2 months ago

    Sanja K

    Very efficient and professional service.

    Posted 2 months ago

    Anonymous

    I found the advice I was given by Redmans Solicitors to be clear and useful and found the solicitor on my case to be both knowledgeable and approachable.

    Posted 2 months ago

    Karen T

    Great service. Thank you.

    Posted 2 months ago

    Anonymous

    Excellent service from Chris & Mel Chin. The best outcome was achieved from the redundancy process. They were extremely thorough, listened carefully and acted swiftly on my behalf. I highly recommend Redmans Solicitors

    Posted 2 months ago

    Shanine M

    Excellent service, thank you so much!

    Posted 2 months ago

    Anonymous

    I found Caroline and Chris very Helpful and provided excellent service. Caroline especially provided great legal advice and made me feel at ease with the whole process. I would highly recommend them. Thank you!

    Posted 2 months ago

    Gayle B

    Excellent company very professional would definitely recommend

    Posted 2 months ago

    Alex K

    Redmans provided an excellent service, timely and effective. Will definitely recommend.

    Posted 2 months ago

    Anonymous

    Great job done on my employment law

    Posted 2 months ago

    Dominica S

    Caroline & Chris were very prompt and efficient.Very happy with the service and will definitely recommend Redmans Solicitor to everyone !

    Posted 2 months ago

    Sandra K

    If you are looking for a group of solicitors who are Professional, Caring and on point, then look no futher than Redmans. I was literally hand held through out my case. Can not find fault with this company, very happy with the result and the service i received. Would highly recommend Redmans.

    Posted 2 months ago