Camacho vs OCS Group UK Limited

This case involved an appeal by Maria Joao De Azavedo Camacho against the dismissal of her claims of defamation, harassment, and unlawful means conspiracy by OCS Group UK Limited.

TLDR:

• Camacho appealed the summary dismissal of her defamation and harassment claims.
• The court examined whether workplace grievance procedures implied consent to defamatory statements.
• The High Court found that the Deputy Master erred in extending the 'Friend principle' to grievance procedures.

The claimant, Maria Joao De Azavedo Camacho, was employed by OCS Group UK Limited as a Soft Service Manager. In December 2019, two of her colleagues lodged grievances against her, leading to an investigation where defamatory statements were allegedly made.

The claimant's case was based on oral statements made by colleagues during the investigation, which she claimed were defamatory. The Deputy Master dismissed her claims, relying on the 'Friend principle' from Friend v Civil Aviation Authority, which implied consent to defamatory statements within disciplinary procedures.

Camacho appealed, arguing that the 'Friend principle' should not extend to grievance procedures. The High Court agreed, noting that grievance procedures differ from disciplinary procedures and do not necessarily imply consent to defamatory statements.

The court found that the grievance policy did not entail consent to defamatory statements made during the investigation. The High Court emphasized that each case must be assessed on its facts to determine whether consent was given.

The High Court concluded that the Deputy Master erred in finding an unanswerable defence of consent and allowed the appeal, permitting the defamation claim to proceed.

This case highlights the importance of distinguishing between grievance and disciplinary procedures and the need for clear evidence of consent to defamatory statements within workplace investigations.

Legal representatives: Anton van Dellen (instructed by direct access) for the Claimant, Victoria Jolliffe (instructed by Dwf Law Llp LLP) for the Defendant.

Judicial Panel: Mr Justice Linden

Case Citation Reference: [2024] EWHC 1164 (KB)