Conduct in UK Law

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Leading Cases
  • Graham v The Secretary of State for Work and Pensions (Jobcentre Plus)
    • Court of Appeal (Civil Division)
    • 05 July 2012

    If the answer to each of those questions is "yes", the ET must then decide on the reasonableness of the response by the employer. In performing the latter exercise, the ET must consider, by the objective standards of the hypothetical reasonable employer, rather than by reference to the ET's own subjective views, whether the employer has acted within a "band or range of reasonable responses" to the particular misconduct found of the particular employee.

  • Yeong v General Medical Council
    • Queen's Bench Division (Administrative Court)
    • 28 July 2009

    In such a case, the efforts made by the medical practitioner in question to address his behaviour for the future may carry very much less weight than in a case where the misconduct consists of clinical errors or incompetence.

  • Weathersfield Ltd v Sargent
    • Court of Appeal (Civil Division)
    • 10 December 1998

    I reject as a proposition of law the notion that there can be no acceptance of a repudiation unless the employee tells the employer, at the time, that he is leaving because of the employer's repudiatory conduct. Each case will turn on its own facts and, where no reason is communicated to the employer at the time, the fact finding tribunal may more readily conclude that the repudiatory conduct was not the reason for the employee leaving.

  • Sainsburys Supermarkets Ltd v Hitt
    • Court of Appeal (Civil Division)
    • 18 October 2002

    In my judgment, the Employment Appeal Tribunal have not correctly interpreted the impact of the decision of the Court of Appeal in Madden. The range of reasonable responses test (or, to put it another way, the need to apply the objective standards of the reasonable employer) apply as much to the question whether the investigation into the suspected misconduct was reasonable in all the circumstances as it does to the reasonableness of the decision to dismiss for the conduct reason.

  • Lawrence v Attorney General of Grenada
    • Privy Council
    • 26 March 2007

    "It is clear from these expressions of opinion that, in order to constitute misbehaviour by the holder of an office, the conduct concerned need not be criminal conduct and need not occur in the course of the performance of the duties of the office.

  • Whitbread Plc (trading as Whitbread Medway Inns) v John Hall
    • Court of Appeal (Civil Division)
    • 27 February 2001

    Section 98(4) requires the tribunal to determine whether the employer 'acted reasonably or unreasonably in treating it as a sufficient reason for dismissing the employee' and further to determine this in accordance with 'equity and the substantial merits of the case'. This suggests that there are both substantive and procedural elements to the decision to both of which the 'band of reasonable responses' test should be applied.

  • Attorney General's Reference (No. 3 of 2003)
    • Court of Appeal (Criminal Division)
    • 07 April 2004

    It supports the view expressed in the criminal cases, from Borron to Shum Kwok Sher, that there must be a serious departure from proper standards before the criminal offence is committed; and a departure not merely negligent but amounting to an affront to the standing of the public office held. The threshold is a high one requiring conduct so far below acceptable standards as to amount to an abuse of the public's trust in the office holder.

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Legislation
Books & Journal Articles
  • Professional Conduct
    • Contents
    • Advocacy - A Practical Guide
    • Peter Lyons
    • 35-46
  • A conduct parameter model of price discrimination
    • No. 64-5, November 2017
    • Scottish Journal of Political Economy
    We consider a conduct parameter model where firms price discriminate based on the consumers’ willingness to pay. For any conduct, the average price is invariant to the extent of price discriminatio...
  • Recent Book: Conduct Unbecoming
    • No. 59-4, October 1986
    • Police Journal: Theory, Practice and Principles
  • Retail depositors, conduct of business and sanctioning
    • No. 17-3, July 2009
    • Journal of Financial Regulation and Compliance
    • 302-317
    Purpose: The purpose of this paper is to consider whether a move from self‐regulation in the form of the Banking Code to statutory regulation by the Financial Services Authority (FSA) of retail ban...
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Law Firm Commentaries
  • SMCR Conduct Rules go live!
    • LexBlog United Kingdom
    Reed Smith will be hosting a breakfast seminar on the SMCR 28 March 2017. Visit reedsmith.com for more information. On 7 March 2017, the Conduct Rules in FCA Handbook and PRA Rulebook were extended...
  • Financial Conduct Authority: primary markets review
    • JD Supra United Kingdom
    The Financial Conduct Authority (FCA) has published two papers as part of its review of the structure of the UK's primary markets to ensure that they continue to serve the needs of issuers and inve...
  • UK Conduct Regulator Publishes Annual Report
    • JD Supra United Kingdom
    The U.K. Financial Conduct Authority has published its Annual Report and Accounts for the year ended March 31, 2019. The report considers topics including: (i) key highlights from 2018/2019; (ii) t...
  • Anticipating 'Good Conduct Regulation' In The UK
    • JD Supra United Kingdom
    On Feb. 13, 2017, John Griffith-Jones, chairman of the U.K. Financial Conduct Authority, delivered a speech to the Cambridge Judge Business School at the University of Cambridge entitled "What make...
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Forms
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