Privileged document

[CymraegAnt]

Does anybody know, if a document classed as privileged is passed to me, does that remove the 'privileged part? My employer gave me a document (company to external HR email) as part of an investigation. Now, after I have submitted the document as part of a bundle to an ET, the HR company is saying it can't be used as it is 'privileged '

the document is relevant as it shows lies on the employers witness statement.

[charitynjw]

MMI Research Ltd v Cellxion Ltd & Ors [2007] EWHC 2456 (Ch)

https://www.bailii.org/ew/cases/EWHC/Ch/2007/2456.html

[dslippy]

You have received the document in breach of the privilege, and that privilege continues to apply.

[atticus]

You could ask the exact grounds on which privilege is claimed. It is not immediately apparent to me that it is privileged.

[CymraegAnt]

The email in question was asking various questions from: Using the toilet after clocking on to me sorting my delivery routes differently to other drivers. It's all petty on their part, (except the former, a breach of basic human rights), it contradicts the witness statement submitted by the employer.
The email was sent by the employer to their external HR company. The HR say It's 'client privileged' and cannot be used in court.
I believe that as it was given to me, they waived the right to the client privilege status.

The ET is scheduled for Tuesday but I had an email from the court that it may be postponed.

Thanks for your help and advice.

[charitynjw]

Al Fayed & Ors v Commissioner of Police of the Metropolis & Ors [2002] EWCA Civ 780

https://www.bailii.org/ew/cases/EWCA/Civ/2002/780.html

[atticus]

yes, but what ground of privilege is asserted? I believe that there are cases (involving documents prepared by accountants) establishing that legal privilege can only be claimed for documents prepared by legal professionals.

Also, if the document was given to you by your employer in the course of an investigation into conduct by you, then surely at that point they waived any privilege they were entitled to claim and cannot now un-waive it.

[ULA]

Legal privilege protects both written or oral confidential communications between a lawyer and a client for the purpose of providing legal advice. The principal is that there must be a lawyer in the communication for legal advice privilege to apply. This is widely defined to include solicitors and barristers.

CymraegAnt your post states the advice was provided by an external HR, I presume this is a company that provides HR advice to your employer. If that advice did not come from someone in that organisation who was a solicitor or barrister then this be be arguably this would not be a legally priviledged document.