Jinadu v Dockland Buses
The EmpIoyment Appeals Tribunal (EAT) decided in this case that an employer is not obliged to put a disciplinary process on hold whilst the employee's grievance is dealt with.
The employee was employed as a bus driver. Owing to poor driving she was subject to disciplinary proceedings and during those proceedings the employee made certain allegations about some of the managers involved. Despite these, the employer continued with the disciplinary proceedings and ultimately dismissed her. The employment tribunal found that her dismissal was fair.
On appeal the employee argued (amongst other things) that the dismissal was unfair because the employer had not put the disciplinary procedure on hold until the employee's allegations had been dealt with as a grievance. The EAT emphatically rejected this point of appeal and upheld the tribunal’s decision.
In Practice
"This decision does confirm that the default position is not that a dismissal will be unfair if an employer does not postpone disciplinary proceedings, where a grievance has been raised," says Employment Associate Paul Burton. "As always, each case will depend on its own facts. Such facts may depend on the grievance(s) raised and how they relate to the disciplinary proceedings in question."
At Frettens, all of our solicitors offer a free initial meeting or chat on the phone to answer your questions. If this article raises issues for you or your business, please call us on 01202 499255 and Kate or Paul will be happy to discuss it with you.
Comments