Report comment

Incredibly significant judgment limiting privilege. Which will require law firms and in house counsel to be very careful on giving advice to manage people out of employment if it strays into impropriety. Knowing that privilege may not attach, something hitherto taken as read. It sits well within my personal ethical style of legal advice and won't be a problem for "good" employers but all lawyers at some point find themselves in situations where the client desires an objective eg to be rid of a perceived problem employee and managed/disguised redundancies are incredibly common (and to be deprecated).