Misconduct
“Suzanne and her team give you, as a client, the confidence and reassurance you most need in the difficult and stressful circumstances of potential litigation.” Legal 500 (2022-23)
“The best in their field of law, without a shadow of doubt. In my experience they are not just highly professional, dedicated experts, but they will go that extra mile to protect the client’s interest and put forward their best case, however difficult the facts.” Legal 500 (2022-23)
“The people and attention make this practice unique. They are always helpful and always available.” Legal 500 (2022-23)
Examples of recent work undertaken by us includes:
- Acting for a CEO of a finance house facing an internal investigation on breach of confidentiality policies, including advising him on his FCA regulatory status under the Senior Managers and Certification Regime. Farore Law successfully challenged the employer’s internal investigation processes and managed to secure a settlement for an undisclosed amount.
- Advising a senior equity partner of a Big 4 professional services firm facing an internal investigation on bullying and harassment, including advising him on his own potential race discrimination claims against the firm. Farore Law managed to secure a settlement for an undisclosed amount.
- Acted for a President of a listed and regulated company in a multi-million-pound whistleblowing claim concerning allegations of fraud and misrepresentation and involving Respondents based in offshore jurisdictions. The matter was settled for an undisclosed amount. As part of the settlement agreement, the employer exceptionally agreed to set aside findings of gross misconduct against our client, leaving our client free to make his own disclosures to the FCA
- Acting for an NHS doctor in a whistleblowing and sexual harassment claim against an NHS Trust. Our client is facing parallel GMC disciplinary proceedings (arising from the NHS Trust making findings of gross misconduct against our client), which have been stayed pending the outcome of the Employment Tribunal proceedings.
- Conducting a wide-ranging internal investigation for a global retail company, in relation to allegations of repeated sexual harassment.
- Advising a Partner of a magic circle firm accused of sexual harassment of younger female members of his team; advising him strategically throughout the internal process and providing “mock-cross examination” services ahead of the disciplinary hearing.
- Acting for a city trader who was dismissed for gross misconduct from a Tier 1 Bank, representing him at the Employment Tribunal case and succeeding in a finding of unfair and wrongful dismissal with no contributory fault.
We have significant experience of dealing with cases involving allegations of misconduct (including gross misconduct) across all areas of employment law. We have particular expertise in advising on allegations arising from financial irregularity, professional misconduct, harassment and discrimination. We provide senior executives/ partners/LLP members with advice when facing disciplinary action for allegations of misconduct, assisting them through the internal processes and advising them on best tactics and how to respond to those allegations. We act for them when the matters become contentious including issuing and pursuing Employment Tribunal claims. We also advise organisations on how best to proceed when they need to deal with allegations of misconduct in the workplace including whether they are capable of amounting to gross misconduct, how to then conduct a fair and reasonable disciplinary process and what possible sanctions are open to you at the end of the process.
We are specialist misconduct lawyers who advise and act for senior executives/partners/LLP members facing allegations whether those of gross misconduct or otherwise, of financial misconduct, professional misconduct, harassment and discrimination. We can advise you on your options, best tactics and guide you through any disciplinary action you may face as a result of the allegations which have been made against you. It is always in your best interests to seek legal advice at an early stage of the process starting at the investigation stage.
We understand that the internal process may have a much wider reach in terms of the potential impact on your career and we have extensive experience in advising individuals regulated by the FCA, SRA, BSB, the GMC and other regulatory authorities. As such, we can provide appropriate regulatory advice regarding the implications of alleged misconduct.
We can accompany senior executives/partners/LLP members to investigatory and disciplinary meetings – sometimes the organisation will allow you to be accompanied by a lawyer and if you are not given permission, we can advise you on how you may be able to challenge this decision, especially if there are wider repercussions for your career. As we are specialists in misconduct (and the legal framework) we can advise you on how you can (either through us going on the record or by doing it yourself) robustly challenge the investigation and disciplinary processes to ensure that you can obtain a fair hearing and outcome. Given the team’s experience as advocates we are particularly well-placed to challenge and examine the evidence in detail and provide mock cross-examination sessions to those under scrutiny. This is invaluable if you are facing a disciplinary hearing. You will be prepared, and you will understand any weaknesses in your case as well as the strengths. We can advise you on how to mitigate your position. It goes without saying that how you handle a disciplinary process has a significant impact on the final outcome which can have a devastating effect on your career especially if you work in a regulated sector.
As specialist misconduct lawyers, we also advise companies and other institutions on the management of the disciplinary process. If you suspect someone in your organisation of gross or other misconduct, and either don’t know how to proceed or are concerned about any aspect of the process, get in contact with us and we can help. We will be with you every stage of the process offering practical advice and commercial solutions. When cases are litigated, the Employment Tribunals scrutinise the disciplinary process very carefully and so it is important you get it right. If you follow our advice, you will significantly limit your exposure to a successful claim in the Employment Tribunal or any other court.
If appropriate to the situation, we can conduct investigations on their behalf, producing privileged or non-privileged reports as appropriate. Our significant forensic ability and experience in financial and legal institutions makes us the perfect choice for managing the process of investigations. If you are interested in exploring this, we would direct you to our separate page on Investigations which deals with some common questions we get asked.
Testimonials
“Suzanne and her team give you, as a client, the confidence and reassurance you most need in the difficult and stressful circumstances of potential litigation.” Legal 500 (2022-23)
“The best in their field of law, without a shadow of doubt. In my experience they are not just highly professional, dedicated experts, but they will go that extra mile to protect the client’s interest and put forward their best case, however difficult the facts.” Legal 500 (2022-23)
“The people and attention make this practice unique. They are always helpful and always available.” Legal 500 (2022-23)
Examples of recent work undertaken by us includes:
- Acting for a CEO of a finance house facing an internal investigation on breach of confidentiality policies, including advising him on his FCA regulatory status under the Senior Managers and Certification Regime. Farore Law successfully challenged the employer’s internal investigation processes and managed to secure a settlement for an undisclosed amount.
- Advising a senior equity partner of a Big 4 professional services firm facing an internal investigation on bullying and harassment, including advising him on his own potential race discrimination claims against the firm. Farore Law managed to secure a settlement for an undisclosed amount.
- Acted for a President of a listed and regulated company in a multi-million-pound whistleblowing claim concerning allegations of fraud and misrepresentation and involving Respondents based in offshore jurisdictions. The matter was settled for an undisclosed amount. As part of the settlement agreement, the employer exceptionally agreed to set aside findings of gross misconduct against our client, leaving our client free to make his own disclosures to the FCA
- Acting for an NHS doctor in a whistleblowing and sexual harassment claim against an NHS Trust. Our client is facing parallel GMC disciplinary proceedings (arising from the NHS Trust making findings of gross misconduct against our client), which have been stayed pending the outcome of the Employment Tribunal proceedings.
- Conducting a wide-ranging internal investigation for a global retail company, in relation to allegations of repeated sexual harassment.
- Advising a Partner of a magic circle firm accused of sexual harassment of younger female members of his team; advising him strategically throughout the internal process and providing “mock-cross examination” services ahead of the disciplinary hearing.
- Acting for a city trader who was dismissed for gross misconduct from a Tier 1 Bank, representing him at the Employment Tribunal case and succeeding in a finding of unfair and wrongful dismissal with no contributory fault.
