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Grievance submitted following dismissal

Nicola

I am dealing with a grievance submitted by an ex employee who is claiming disability discrimination. The employee was dismissed on the grounds of capability for poor performance in her review period. She appealed against the dismissal and during her appeal she raised the same issues she cites in her grievance. Can anyone provide advice as to how we might deal with this. Should we hear the grievance in its entirety or advice the employee that as these issues were raised at the appeal hearing; they do not constitute a grievance. 

Thoughts appreciated, 

Parents
  • 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.
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  • 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.
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