Employment Review: June 2015 - Grievances during disciplinary proceedings

The employee was employed as a bus driver. As the employee's driving was considered to be below an acceptable standard and she had repeatedly refused to attend the training school, she was subject to disciplinary proceedings. During the disciplinary proceedings the employee made certain allegations about some of the managers involved. Despite these allegations the employer continued with the disciplinary proceedings and ultimately dismissed her. The employment tribunal found that her dismissal was fair as the penalty of dismissal lay within the band of reasonable responses a reasonable employer might have adopted.

On appeal the employee argued 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 Employment Appeal Tribunal (EAT), categorically rejected this point of appeal stating that the employer was not obliged to suspend the disciplinary investigation until after they had dealt with the employee's grievances


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