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
Issues covered: Disclosure; Legal Privilege; Case Management


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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This article is correct at 08/06/2023

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Jason Elliott BL

The main content of this article was provided by Jason Elliott BL. Email

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