The concept of legal privilege is central to resolving many HR issues and employment disputes. It's essential that legal advice can be kept private, that protected discussions can take place without having to be disclosed and that offers to settle contentious matters are not later held against those making them.
In this webinar, employment lawyers Brian Campbell and Louise Usher looked at the different scenarios where privilege can apply, and how it can be lost. They discussed some recent developments in case law which have highlighted both the scope and the limits of legal privilege in real life situations.
Speaker biographies:
Brian Campbell
Brian has over 20 years’ experience in employment law. He acts for private, public and third sector employers, including banks, universities, charities and sports governing bodies as well as individual clients, most frequently in relation to terms of engagement or exit strategies. Brian advises on a wide range of operational matters such as reorganisations and provides transactional support to a number of other departments of the firm, with particular expertise in data protection issues and the crossover between employment and insolvency law.
Brian frequently handles complex and high-value claims throughout the UK dealing with matters such as discrimination, whistleblowing, restrictive covenants, TUPE and insolvency. He is a qualified solicitor advocate and regularly acts in appeals to the Employment Appeal Tribunal (both Scotland and England) and has appeared in appeals to the Inner House of the Court of Session. He is accredited as a specialist in the employment field by the Law Society of Scotland and a member of its sub-committee dealing with employment law review and reform. As of November 2020, he is a part time employment judge.
Louise Usher
Louise trained at Brodies, and qualified into the employment and immigration team in 2018.
Louise advises on a wide range of contentious and non-contentious employment issues. She frequently drafts agreements, contracts and policies, and provides HR support to clients. Louise is experienced in negotiating settlements on behalf of both employees and employers, and often represents clients in Employment Tribunals across the UK.
Louise also regularly advises on immigration matters. She supports clients with all aspects of the points-based system and sponsorship of migrant workers. She also provides advice on compliance issues and has, more recently, assisted clients with planning for Brexit.
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