Thread by @JasonBraier

1/ Watson v Hilary Meredith Solicitors Ltd is an EAT judgment principally applying the Martin v Devonshires separability principle to a whistleblowing case, but its point of greater practical utility concerns waiver of privilege. bailii.org/uk/cases/UKEAT…

#ukemplaw

2/ In brief, the case concerns a solicitor who became aware of financial irregularities at his firm, disclosed them & resigned with notice. During the notice period he was dismissed for gross misconduct for the speed of his resignation. He brought s.47B & s.103A claims.

3/ The ET found his dismissal was not materially influenced (the Fecitt standard) by the fact he'd made the disclosures but was separable from that, prompted by swiftly resigning & running for the hills rather than sticking around to help sort the problem.

4/ The EAT dismissed an appeal against that finding. Uppermost in the EAT's mind was that the ET had found the firm hadn't reacted negatively to the disclosures & responded by reporting to the SRA & had an amicable relationship over the month following the disclosures.

5/ In defending the claim, the solicitors had waived privilege the night before trial to some legal advice explaining the timing of the dismissal. That advice was exhibited to a witness statement. W then applied for further disclosure following the limited waiver.

6/ The ET ordered further disclosure, limited to the chain of emails & the instructions given to the advising solicitor & any further advice relating to the dismissal. It did not order wider disclosure on the basis of a broader waiver of privilege, just re the dismissal decision.

7/ W appealed that limited order. In rejecting the appeal, the EAT held the appropriate principles on extent of waiver were those set out by Mann J in Fulham Leisure v Nicholson Graham & Jones and that the ET had properly applied those principles in delineating its order.

8/ In Fulham Leisure it was explained the court needs (i) to identify the transaction over which disclosure is made, & (ii) disclose material covering that transaction & any added material necessary to avoid unfairness or misunderstanding of what's been disclosed.