Council cannot rely on judicial proceedings immunity

Allegation of 'undue pressure' on witness in discrimination claim can go ahead

29 Jul 2013

A council cannot rely on judicial proceedings immunity to prevent a former primary school headteacher from accusing it of putting undue pressure on a witness in a discrimination dispute, the Court of Appeal has ruled.

"The nub of the complaint is that the council has done something calculated to destroy or damage the trust and confidence that is inherent in an employment relationship," Lord Justice Lewison said.

"If an employer, to the knowledge of an employee, is prepared to use underhand and improper means to defeat a claim of discrimination brought against it by the employee, that is destructive of the requisite trust and confidence whether or not the employer succeeds."

The court heard t...

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