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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

  • 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

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  • 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

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