Channel Islands Employment Law Update - July 2020

The Jersey Employment Tribunal (the Tribunal) in David Slater v Consolidated Minerals[1] sought to consider an interesting question concerning discovery: whether HR consultants are protected by legal advice privilege, given their status as non-legally qualified advisers. In the context of a constructive unfair dismissal claim, the Tribunal considered whether there should be specific disclosure of the communications, up until the date of resignation, between the former employee and hired HR advisers.

In reaching a decision, the starting point was that the law on legal privilege in Jersey is based upon English law. The Tribunal was swayed by authorities which asserted that legal privilege only applies to advice from a lawyer, including a judgment of the Supreme Court which refused to extend privilege to tax advisers[2]. Consideration was given to a decision of the Employment Appeal Tribunal where it had been found both undesirable and unnecessary to extend legal