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.
- University of Dundee v Mr Prasun Chakraborty [2022] EAT 150: the Employment Appeal Tribunal (the “EAT”) has determined an original investigation report will not retrospectively become privileged if it is later amended by a party’s legal advisers.
The facts:
- Mr Chakraborty raised a grievance against his manager at the University of Dundee (the “University”) alleging, among other things, harassment, discrimination and racial abuse. Mr Chakraborty also alleged he had been falsely accused of fraud.
- Following the accusations, the University appointed a professor to produce an investigation report, which was finalised on 28 February 2022. However, before the report had been finalised, Mr Chakraborty initiated proceedings in the Employment Tribunal.
- The professor leading the investigation then sought legal advice as to the report’s contents. Following such advice, the professor amended the initial report and produced an updated version on 23 June 2022. Notably, the professor had also made her own...
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