• Facebook
  • Twitter
  • LinkedIn
Call us now: 01243 836 840   [email protected]
Pure Employment Law
  • Who We Are
    • Nicola Brown
    • Peter Stevens
    • Elena Elsam
    • David Jones
    • Linda Nye
    • Brenda Cherry
  • For Employers
    • Advice on HR and People issues
    • Investigations, Hearings and Appeals
    • Restructuring and Redundancy
    • Defending Employment Tribunal Claims
    • Dismissal of Senior Executives
    • Contracts, Handbooks and Policies
    • Employment Law Training
  • For Employees
    • Settlement Agreements
    • Workplace Issues including Disciplinary and Grievance
    • Bringing an Employment Tribunal Claim
  • Employment Law Events
  • Legal Updates
  • Testimonials
  • Vacancies
  • Contact us
  • Search
  • Menu Menu

A fishing exercise – request for redundancy interview notes

16th January 2012/in News /by Nicola Brown

Employers are often criticised for procedural failings when dismissing employees, particularly in redundancy situations. The case of Camelot Group Plc v Mrs A Hogg is a useful reminder that a failure to provide information to an employee in response to a ‘fishing exercise’ will not render a dismissal unfair.

In the case, the Employment Appeal Tribunal (“EAT”) reversed the decision of an Employment Tribunal. The Tribunal had found in favour of Mrs Hogg, who successfully argued she was unfairly dismissed from her role at Camelot Group. The EAT substituted the decision of the Employment Tribunal that Mrs Hogg had been dismissed fairly.

Camelot Group had embarked on a significant reorganisation exercise and made 58 redundancies overall following an extensive consultation process. All employees at risk of redundancy were invited to apply for new roles that were created as a result of the reorganisation. Mrs Hogg was interviewed and assessed for a new role but was unsuccessful and ultimately made redundant.

The case focused in particular on the employee’s request for her redundancy interview notes, which was satisfied by the employer (although these were provided prior to being told her post was redundant, but after the decision to dismiss had been taken. However the Employment Tribunal commented that “it was incumbent on the Respondent (Camelot Group) to give her that information prior to taking the decision to dismiss which the Respondent did not do, and the dismissal is accordingly unfair”.

The EAT disagreed; there is no general rule that an employer must provide such notes to a broad unspecific request for them without reasoned justification for such a request. The Employment Tribunal were wrong to suggest that whenever an employee who is at risk of redundancy asks for information, a dismissal will be unfair if that request has not complied with. In this particular case, Mrs Hogg requested the notes but did not raise any challenge to them in her appeal or subsequently in her claim for unfair dismissal submitted to the Employment Tribunal. It became apparent in the course of proceedings that she did wish to challenge the notes and her scores at the interview, but this was not allowed. As such, the EAT commented that the request for the notes was a ‘fishing exercise’ by Mrs Hogg. Had she raised very specific queries and challenged the notes then, of course it would be expected that the employer would respond to those and provide sufficient information in this regard. This was not the case here.

In many cases it will be in employers’ interests to provide information in response to an employee’s request, partly because it might reduce the risk of an employee pursuing a claim, but also because there may be a substantive issue to deal with. If you are in doubt as to whether you need to provide information, it is always best to take advice.

If you would like to talk through a situation you are dealing with, or if you need advice on any aspect of employment law, please contact any member of the Pure Employment Law team (01243 836840 or [email protected])

Please note that this update is not intended to be exhaustive or be a substitute for legal advice. The application of the law in this area will often depend upon the specific facts and you are advised to seek specific advice on any given scenario.
Share this article
  • Share on Facebook
  • Share on Twitter
  • Share on WhatsApp
  • Share on LinkedIn
  • Share on Reddit
  • Share by Mail
https://www.pureemploymentlaw.co.uk/wp-content/uploads/2019/02/Pure-Employment-Law-logo.jpg 0 0 Nicola Brown https://www.pureemploymentlaw.co.uk/wp-content/uploads/2019/02/Pure-Employment-Law-logo.jpg Nicola Brown2012-01-16 13:07:352014-12-03 15:56:34A fishing exercise – request for redundancy interview notes

Join our mailing list

* = required field
Mailing Lists


Recent Legal Updates

  • What to expect during 2021 – employment law developments 21st January 2021
  • Did “office banter” about an employee’s memory amount to age discrimination? 21st January 2021
  • Update on Furlough 20th January 2021
  • Restricting Restrictive Covenants? 20th January 2021
  • Q&A: What to expect from a remote Tribunal hearing 20th January 2021
Link to: Contact Us

Any questions? Why not get in touch!

Our advice is always given in plain English without any waffle, and we focus on providing practical solutions to our clients’ problems.

Contact us

LEGAL INFORMATION

Pure Employment Law | 1 Little London, Chichester, West Sussex, PO19 1PH
[email protected] | Tel: 01243 836840

Pure Employment Law is the trading name of Pure Employment Law Limited, registered in England and Wales with company number 07134294 and whose registered office is 1 Little London, Chichester, West Sussex, PO19 1PH. Pure Employment Law Limited is authorised and regulated by the Solicitors Regulation Authority with registration number 533794. A list of the company’s directors is available for inspection at the registered office

DISCLAIMER

The information contained in this website is for general information purposes only. The information is provided by Pure Employment Law and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Privacy Policy | Cookies Policy | Terms & Conditions | How to make a complaint | Sitemap

© Pure Employment Law 2021

Scroll to top

This site uses cookies. By continuing to browse the site, you are agreeing to our use of cookies as defined in our cookie policy.

Accept Cookie Policy

Cookie and Privacy Settings



How we use cookies

We may request cookies to be set on your device. We use cookies to let us know when you visit our websites, how you interact with us, to enrich your user experience, and to customize your relationship with our website.

Click on the different category headings to find out more. You can also change some of your preferences. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer.

Essential Website Cookies

These cookies are strictly necessary to provide you with services available through our website and to use some of its features.

Because these cookies are strictly necessary to deliver the website, refuseing them will have impact how our site functions. You always can block or delete cookies by changing your browser settings and force blocking all cookies on this website. But this will always prompt you to accept/refuse cookies when revisiting our site.

We fully respect if you want to refuse cookies but to avoid asking you again and again kindly allow us to store a cookie for that. You are free to opt out any time or opt in for other cookies to get a better experience. If you refuse cookies we will remove all set cookies in our domain.

We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. Due to security reasons we are not able to show or modify cookies from other domains. You can check these in your browser security settings.

Google Analytics Cookies

These cookies collect information that is used either in aggregate form to help us understand how our website is being used or how effective our marketing campaigns are, or to help us customize our website and application for you in order to enhance your experience.

If you do not want that we track your visit to our site you can disable tracking in your browser here:

Other external services

We also use different external services like Google Webfonts, Google Maps, and external Video providers. Since these providers may collect personal data like your IP address we allow you to block them here. Please be aware that this might heavily reduce the functionality and appearance of our site. Changes will take effect once you reload the page.

Google Webfont Settings:

Google Map Settings:

Google reCaptcha Settings:

Vimeo and Youtube video embeds:

Other cookies

The following cookies are also needed - You can choose if you want to allow them:

Privacy Policy

You can read about our cookies and privacy settings in detail on our Privacy Policy Page.

Privacy Policy
Accept settingsHide notification only