Disciplinary proceedings is not a breach of duty of care
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.