7 minute read
October.28.2022
During a turbulent month of mini-budgets and U-turns, there were also a number of important decisions handed down by the Employment Appeal Tribunal (the “EAT”). In our October update, we outline the EAT’s determination of retrospective privilege regarding internal investigation reports, highlight learnings from Ponticelli UK Ltd v Gallagher, discuss takeaways from Mogane v Bradford Teaching Hospitals NHS Foundation Trust and set out changes to right to work check requirements.
The facts:
The University’s submissions:
The EAT’s findings:
Key takeaways:
The facts:
The EAT’s findings:
Key takeaways:
When buying a business, the following should be considered:
The facts:
The EAT’s findings:
Key takeaways
Employers may wish to avoid disruption by determining the selection process before telling their staff and/or by creating a selection pool as narrowly as possible. In theory, the choice of selection pool is for the employer to make. However, they should ensure the adopted criteria does not have the effect of determining a pool which is so narrow that the overall selection or process cannot be open to consultation or objective fairness. A pool of one will always be scrutinised by an employment tribunal, to ensure that it is a genuine pool of one and not, in fact, a selected outcome from a potentially wider pool.
For further advice on any of the issues raised above, please contact a member of the London Employment team.