Must disciplinaries stop while grievances are investigated?

Must disciplinaries stop while grievances are investigated?

The Appeal Tribunal has held that where an employee raises a grievance during a disciplinary and the employer dismisses the employee before investigating the grievance, it does NOT automatically mean the dismissal is unfair.

Employers should be cautious about this, as it will always depend upon the substance of the grievance, but it does assist employers where employees raise a grievance as a means of delaying dismissal.

The facts of the case are simple, a bus driver was disciplined and raised a grievance about some managers involved. The employer went ahead with the dismissal and this was found to be fair.

The case itself can be read at the following link:
http://www.bailii.org/uk/cases/UKEAT/2015/0434_14_1703.html

 

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