Disciplinary & Capability Allegations
We are regularly instructed to advise senior executives on disciplinary matters and capability processes asserted by their employer.
Advice can include any one or combination of the following:
- Advice on the procedures initiated by the employer to identify any shortcomings and the strategic deployment of submissions in relation to procedural issues arising.
- An analysis of the underlying merits of the complaints and identifying any ulterior motive of relevance (frequently discrimination and whistleblowing issues arise).
- Developing the counter narrative with our client and as necessary asserting claims.
- Preparing submissions for meetings and/or draft scripts.
- Engaging with the employer on an open and without prejudice basis.
- Seeking reasonable adjustments to process where our client satisfies the definition of disability under the Equality Act 2010.
- Advising on possible claims arising and quantifying the value and merits of such claims.
- Lodging Data Subject Access Requests on behalf of our clients.
What we do best:
Experience
- Advising a senior employee in the property sector who was suspended pending a disciplinary investigation. We challenged the process adopted by the employer and requested documents and information which included lodging a DSAR. We identified fundamental procedural failings by the employer and raised key issues arising during the course of the previous 12 months which impacted our client’s health and contributed to the incident complained of. Ultimately the matter was resolved by means of an agreed and orderly exit with a substantial payment being made to our client with neutral reference and agreed announcement.
- Advising a management consultant on the defence of allegations of sexual harassment vehemently denied by the client. The issues were complex by reason of a ‘confidentiality barrier’ imposed by the employer to protect the identity of the complainant. We engaged with the employer in respect of the process and the prejudice suffered by the client and possible cross claims that could be asserted. Ultimately an agreed exit with the payment of compensation and an agreed form of reference was secured.
- Advising a FCA approved person on a disciplinary investigation arising from a failure to disclose a consensual relationship with a colleague and issues arising on the breakdown of the relationship. Our intervention resulted in our client avoiding any disciplinary allegations being made against them and an orderly exit on agreed terms with reputation and disciplinary record intact.
- Advising a Senior Executive in publishing being subjected to a performance review for issues arising from their disability. Advising on possible claims arising and engaging directly with the employer in relation to its failure to make reasonable adjustments to our client’s workload or working conditions. Securing an orderly exit for our client on suitable terms which included the continuation of his employment for a further period of 8 months, payment of compensation, an agreed form of reference and reputation intact.
- Advising an FCA approved person arrested by the police for a criminal offence by reason of mistaken identity, resulting in the seizure of their work equipment for a 48-hour period. We worked on a very immediate and urgent basis, working hand in glove with their criminal advisors to advise on their employment duties and obligations, ultimately resulting in no action against them by either the police or the employer.
- Advising a Senior Sales person in connection with a capability review by their employer initiated within a few months of the commencement of their employment, identifying inferences of discrimination arising and asserting their rights, advising on the making of a protected act and resolving matters through an amicable exit with appropriate payment to our client.
