Company confidential: when are employee documents not privileged against their employer?
In September 2014, an employee was removed from his position as director of The Berkeley Group Holdings PLC (the company). He subsequently brought proceedings against the company after he was denied certain entitlements under long term incentive plans.
A preliminary issue arose regarding a “synopsis” document that he had prepared on his work computer a month or so before his dismissal. It contained an account of what he expected to receive under the long term […]