University of Dundee v Chakraborty [2023]
Posted In: Case Law-
Decision Number
CSIH 22 -
Legal Body
Court of Session (Scotland) (COSS) -
Type of Claim / Jurisdiction
Tribunal Practice, Procedures and Jurisdictional Issues
Background:
The claimant raised a grievance under the Dignity at Work and Study Procedures within the University. A member of staff investigated and reported. Prior to the outcome a Tribunal claim was lodged relating to constructive dismissal and racial discrimination.
The report from the grievance was produced but subsequently amended by the University’s lawyers. This was made available with a footnote outlining there had been an amendment. The case related to the original report with the claimant wishing for it to be disclosed. The University resisted this stating that the comparison between the reports would reveal privileged legal advice. It was held by the Tribunal and the EAT that the
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