This article was first published in the December 2014 edition of ELA Briefing. The article examines the boundaries of the ‘Johnson exclusion area’ and the challenges it poses for employers in the light of recent case law developments focusing on the employer’s duty of care when instigating and conducting disciplinary proceedings. It also assesses the growing importance of the implied contractual right of an employee to a fair disciplinary process. Please open the PDF to read more.