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Employment Law

Legal guidance - compliance - software

02 MAY 2012

Spence v Department of Agriculture and Rural Development [2011] IRLR 806

Unfair dismissal

27 June 2011

Court of Appeal (Northern Ireland)

Higgins LJ, Hart J, Sir John Sheil

An employer's failure to disclose, prior to a disciplinary hearing, to an employee a report on an investigation into misconduct does not necessarily make a dismissal following the disciplinary hearing unfair.  There may be good reasons for not disclosing information, particularly where the report contains sensitive information; or it may not be necessary to disclose the report where the nature of the case against the employee was clear from other documents that were disclosed.

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