The case of Jinadu v Docklands Buses (An EAT case) is a reminder to all companies it is not essential to pause a disciplinary process when a grievance is raised.
The Claimant was a bus driver who was invited to attend a disciplinary hearing (“Hearing”) based on an allegation of ‘poor driving’. At the Hearing the Claimant raised some allegations about managers at the company, managers involved in setting up the Hearing.
Despite the allegations raised, the company decided to continue with the disciplinary process and ultimately dismissed the Claimant. The Employment Tribunal held the dismissal to be fair.
A ground of appeal submitted by the Claimant (amongst others) was that the company should have placed the disciplinary procedure on hold whilst the allegations which were grievances were fully investigated by the company.
The EAT rejected this point of appeal.
Of course each case needs to be considered on a case by case basis. However, this decision confirms that a default position is not that a dismissal will be unfair if an employer does not postpone disciplinary proceedings where a grievance has been raised.
For further information or if you have any issues you would like to discuss, speak to Laura at Cinch Legal on: 01925 594495 or email: LauraP@thecinchgroup.com.