Event Information

In this session, we will look at some of the trickier aspects of the disciplinary process and provide a reminder of the risks of claims when things go wrong.

We will also review recent case law which sheds light on the requirements for a fair and non-discriminatory disciplinary process and outcome.

Agoreyo v London Borough of Lambeth (High Court): when will suspending an employee pending investigation be a fundamental breach of contract?

Fleming v East of England Ambulance Service NHS Trust (EAT): might an employee be able to rely on a covert recording of conversations which took place during breaks in a disciplinary hearing?

Mbubaegbu v Homerton University Hospital NHS Foundation Trust (EAT): when will a series of acts (none of which by themselves would amount to gross misconduct) be serious enough to undermine the relationship of trust and confidence?

City of York Council v Grosset (Court of Appeal): might a dismissal be discriminatory if, unknown to the employer, the reason for the dismissal was misconduct arising from a disability?

Consultation on confidentiality clauses: share your views

Following the Breakfast Briefing, we will be holding an informal session to provide a chance for you to contribute to Wrigleys' response to the Government consultation on the use of confidentiality clauses in an employment context.

You will be able to share your views on:

• Whether there should be restrictions on the use of confidentiality clauses, for example in settlement agreements;
• How to make clearer a worker's right to disclose crime or wrongdoing despite having agreed to a confidentiality clause; and
• How any new regulations on confidentiality clauses should be enforced.

The consultation document is available here, if you would like to view it in advance of the session or respond to the consultation yourself.