Jurisdiction(s):
United Kingdom

Camacho v OCS Group: consent defence to workplace defamation limited; grievance procedures do not imply consent to republication; clear contractual wording essential (England and Wales)

Published on: 13 June 2024

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Article summary

Camacho v OCS Group UK Ltd [2024] EWHC 1164 (KB) What are the practical implications of this case?

The ruling emphasises the need for exact drafting in contracts and workplace policies and procedures. In this matter, neither the employment contract nor the grievance process made it express that staff agreed to any re-publication of defamatory statements arising during grievance investigations. The court likewise observed that the grievance procedure’s core function is to resolve complaints and does not necessarily, of itself, inaugurate disciplinary proceedings. Advisers should counsel employers with care and precision to ensure their contracts and policies plainly and transparently define the reach and effects of these internal procedures where potentially defamatory allegations may surface or be repeated. The court also confirmed that the principles in Friend v Civil Aviation Authority [1998] IRLR 253 have only a limited application to the consent defence in defamation claims within workplace processes. It clarified that consent is not presumed for all statements made in internal investigations, and the court’s summary jurisdiction will be engaged only in exceptionally rare circumstances. It further reiterated that, to establish a defence of consent, a defendant must...

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