An employee has appealed a decision made by the employer. The employer should acknowledge the appeal request, seek clarification if needed, and set a date for the appeal meeting. At the meeting, the employer should approach it with an open mind and either review the original decision and check that procedure was followed, or hold a full re-hearing. After the meeting, the employer must provide the employee with a written decision including full reasons and treat the employee as if they had never been dismissed if the appeal is upheld.
8. HOW TO COMMUNICATE A DECISION
Give full Reasons
Don't do it in the meeting
If you uphold the appeal, treat the
employee as if they had never been
dismissed.
In the former case, it stated that the equal pay claim must have been in existance at the time of the transfer. The transferee has no obligation to put you on better benefits than you were enjoying before. There is a time llmit of 6 months from the date of transfer I would still advise you to be careful in the long run In the second case, preserving an employees TUPE rights, 2 years on, was a valid defence to an equal pay claim