Disciplinary proceedings is not a breach of duty of care - Royds Withy King Solicitors

Search our news, events & opinions

On 1 September 2016 Withy King LLP merged with Royds LLP. The trading name for the merged firm is Royds Withy King. All content produced prior to this date will remain in the name of the firms pre-merger.

8 November 2014 0 Comments
Posted in Uncategorized

Disciplinary proceedings is not a breach of duty of care

Posted by ,

In Coventry University v Mian, the Court of Appeal has held that an employer did not breach its duty of care to an employee in bringing disciplinary proceedings against him. The allegations were that he had conspired with a colleague …

In Coventry University v Mian, the Court of Appeal has held that an employer did not breach its duty of care to an employee in bringing disciplinary proceedings against him.

The allegations were that he had conspired with a colleague to prepare false and misleading references which he then used to obtain new employment. The Court held that establishing of a breach of duty depended on whether, on the facts of each situation, the decision to initiate disciplinary proceedings had been unreasonable as being outside the range of reasonable decisions open to the employer in the circumstances. This would include the evidence available to the employer at the time, and such other evidence which would, or should, have been available if an investigation had been properly conducted.

This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.

For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.

Leave a comment

Thank you for choosing to leave a comment. Please keep in mind that comments are moderated and please do not use a spammy keyword or a domain as your name or it will be deleted.

*

optional

Royds Import Case Law Update

Keeping you informed about Royds Import Case Law Update news, events and opinion.

Search our news, events & opinions