Grievance submitted following dismissal

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
  • 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.
Reply
  • 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.
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