ARTICLE
5 January 2012

Employee's Unspecific Challenge To Redundancy Assessment Criteria Did Not Entitle Her To See Interview Notes Prior To Decision To Dismiss

DS
DMH Stallard

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In this case, the Employment Appeal Tribunal overturned an Employment Tribunal’s decision that the Claimant (Ms Hogg) had been unfairly dismissed because the Respondent had taken the decision to dismiss her prior to giving her the notes she had requested from an interview she attended for an alternative role during the redundancy selection process.
United Kingdom Employment and HR

Camelot Group plc v Hogg UKEATS/0019/10/BI

In this case, the Employment Appeal Tribunal overturned an Employment Tribunal's decision that the Claimant (Ms Hogg) had been unfairly dismissed because the Respondent had taken the decision to dismiss her prior to giving her the notes she had requested from an interview she attended for an alternative role during the redundancy selection process.

The EAT confirmed its view that the Respondent was under no duty to provide the interview notes, as it was not put on notice that the Claimant had any complaint or challenge that she wished to raise under or by reference to them. The EAT found that the Claimant had made vague, non-specific references to different treatment afforded to other employees who were at risk and the Respondent was never made aware of any specific challenge to the scoring or interview process undertaken.

The EAT was clearly sympathetic to the efforts the Respondent had taken to follow a fair and thorough large-scale redundancy process in this case. It commented that "a flaw at one stage of the dismissal process...does not of itself mean the dismissal is unfair" and "accordingly, Tribunals should guard against minute scrutiny of individual parts of the process" as this is likely to divert them from the task set by statute in determining whether a dismissal is fair.

Implications

This case is fact specific, but it provides employers with a useful authority to defeat undue scrutiny of the details of a redundancy exercise by requiring the employee to identify a specific complaint before being entitled to see interview notes or, by analogy, similar documents.

The EAT helpfully commented that "an employer cannot reasonably be expected to respond [to an employee,] absent a specific challenge".

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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