When workplace grievances escalate, they can sometimes lead to unexpected legal challenges – including defamation claims. A recent High Court case, Maria Joao de Azavedo Camacho v OCS Group UK Ltd, highlights the complex relationship between workplace disputes and defamation.
This case sheds light on how comments made during grievance proceedings can result in legal claims, the implications for both employees and employers, and the defences available against such claims. Understanding these aspects is essential for managing work grievances effectively and safeguarding against potential legal pitfalls.
High Court Case Overview: Camacho v OCS Group UK Ltd
As part of their grievance procedure, OCS was obligated to investigate grievances, hold meetings to discuss them, provide written decisions, and offer the right to appeal. This process ensures that grievances are handled systematically and fairly.
Grievance and Disciplinary Actions Against the Claimant
In Dec 2019, two colleagues raised a grievance against the claimant, accusing her of arrogance, poor management, and intimidation. Following investigation and witness interviews, disciplinary proceedings were initiated, resulting in the claimant’s dismissal for bullying and breach of trust. Unable to claim unfair dismissal due to insufficient service length, the claimant pursued a novel approach – arguing that the statements made by her colleagues and OCS were defamatory.
Initial Court Decision on Defamation Claims
Initially, the claim was struck out when OCS cited a 1998 case, arguing an “answerable defence based on consent.” This defence held that workers implicitly consent to repetition, publication, and discussion of comments made during a grievance procedure. The court ruled that invoking the grievance procedure implied consent to these discussions. However, the claimant appealed this decision…
High Court Appeal and the Consent Issue
On appeal, the High Court examined what the claimant had implicitly consented to. It was found that – while the claimant consented to having her grievance investigated, there was no evidence she agreed to the publication of specific statements made about her. The High Court emphasised that OCS needed to provide evidence of her consent to these specific publications.
False and Malicious Claims in Grievance Procedures
The grievance procedure required employees to refrain from making false or malicious claims. Even if the claimant accepted that grievances could be raised against her, it was understood that such claims shouldn’t be false or dishonest. The court’s decision allowed the claimant to pursue her claim, taking into account the potential legal costs, risks of a costs order, delays, and possible adverse publicity.
Defences Against Defamation Claims in the Workplace
Apart from implied consent, the best defence against defamation claims is evidencing that the statements were honest and genuinely believed. This means the person making the statement must have a genuine belief of its truth. Employees should avoid making dishonest, malicious, or false grievances, as these cannot be supported by genuine belief. Employers should also handle frivolous claims carefully to avoid implicating themselves.
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