Employers will be familiar with the desire to settle a Tribunal claim before it reaches a final hearing, in fact the Tribunal itself actively encourages mediation and settlement. Swiss Re Corporate Solutions Ltd v Sommer EAT is an excellent example of why it is important to be careful in all without prejudice communication so that if a settlement is not reached, the without prejudice communication does not end up disclosed as part of the Tribunal proceedings.
The Respondent in this claim is an international insurance company that provides commercial insurance products and risk transfer solutions. The Claimant was an underwriter in the Respondent’s London office. Upon returning from maternity leave, the Claimant was informed that her role (unlike many others in her team) was at risk of redundancy. In response to this announcement, the Claimant submitted a grievance alleging discrimination.
The Claimant attached various documents in support of her grievance, including the CV of a comparator, to an email which was copied to her personal email address and her husband’s email address. In doing so, she had transferred the Respondent’s confidential information and the personal data of a colleague outside of the company which was in breach of the Respondent’s code of conduct and data protection policies.
The Respondent appointed an investigator to conduct a disciplinary investigation. The investigator concluded that, in sending the email, the Claimant had breached her employment...
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