If the employee has been dismissed but is working her notice period, then you should still treat the grievance like any other. However, once her notice period is concluded, she will have no right to know the outcome in any detail.

Remember: to be able to properly address a grievance, an employer needs two things - to know what is wrong and to know what the employee wants doing about it. In this case, if the grievance was "you're sacking me" and the desired resolution was "to not be sacked" then you can close that quite quickly because you're already had a hearing and an appeal, so there's really nothing more to be done.

If, however, the grievance relates to an allegation of disability discrimination, you would be wise to pursue it to its conclusion even after the employee's notice period has concluded. Presumably, whoever heard the appeal was satisfied that the dismissal wasn't predicated on illegal discriminatory grounds and the evidence of underperformance is well established. But it does sound like this employee is attempted to assemble grounds to claim unfair dismissal despite having less than qualifying service, so you should definitely consult a good employment law solicitor as part of the final resolution of the grievance investigation and assume that you will be hearing from ACAS in due course.

Hi Nicola

You don't have to do this, but I'd book a telephone call with the employee or arrange a meeting to hear what she has to say. I'd want to know if the employee has some new evidence to put forward, or thinks her evidence was misunderstood or not given sufficient weight. Then, if it turns out that the employee has nothing further to add to whatever she has already put forward, you can respond that her grievance has already been addressed via the capability process. On the other hand, you might just turn something up that makes you think again.

The employee might be on a fishing expedition for a discrimination claim, in which case a SAR might also be on its way, or this might be the result of a family member, or someone they've met in a pub, telling them that they haven't been fairly treated, or unresolved angst from the dismissal - who knows? But a half-hour listening to what she has to say will tell you whether this is a minor nuisance or a real problem coming your way.

Since the employee has revealed a disability during the appeal then the first question to be answered is whether that condition is indeed a disability and might thus require "reasonable adjustment" related to the outcome of the review that dismissed her? If so then you will clearly be discriminating (causing a detriment based on a protected characteristic) by dismissing her.

The grievance is, to that extent, neither here nor there, since she could have simply dumped a Tribunal Application (ET1) on your desk instead.

….For which reason a discussion with her, as suggested by Elizabeth, might now save you an awful lot of grief (and money).

On the other hand: If the "disability" was carefully considered for validity, and rejected during the appeal, then its review (erring on the side of caution) will do no harm, and might also save some egg-on-face-time and a whole heap of pennies. But if the decision is the same then, as Roby suggests, she has no right to any further consideration.... Although I suggest that a note to say the issues have been reviewed and rejected for "xxxxx" reason would be polite, politic, and might save you getting a slagging off on "Facebook", so will also do no harm and cost no more than five minutes composition and sending.

P