header-logo header-logo

22 November 2019 / Charles Pigott
Issue: 7865 / Categories: Features
printer mail-detail

Iniquity, privilege & an unwise conversation in the pub

11896
Charles Pigott reflects on Curless & the complexities of addressing discrimination claims in the context of a wider redundancy programme
  • The Court of Appeal has ruled that Shell could claim privilege in an e-mail giving legal advice about dealing with a discrimination claim in the context of a wider redundancy programme
  • It took a different view from the Employment Appeal Tribunal, which ruled last year that privilege could not be claimed, because the advice had been given ‘for the purpose of facilitating an iniquity’.

The Court of Appeal’s decision in Curless v Shell International Limited [2019] EWCA Civ 1710, [2019] All ER (D) 137 (Oct) touches on a subject that is commonly encountered by employment lawyers when advising on implementing a redundancy programme.

What happened?

In this case Michael Curless had been employed as a senior legal counsel by Shell. He has Type 2 diabetes and obstructive sleep apnoea. There had been long-standing concerns about his performance. He had made complaints about disability discrimination and had issued proceedings in the employment tribunal. Eighteen months later

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll