Vexatious grievances

It is a common temptation for many employers going through a difficult grievance or disciplinary process where the employee appears to be doing everything they possibly can to make things as difficult as possible, to throw in the towel before the process is completed and move to dismissal.  Your employment lawyer’s advice to ‘leave no stone unturned’ begins to sound more and more like a huge waste of time.   The decision in Hope v British Medical Association, demonstrates that it is well worth heeding such advice especially if the ultimate course is to dismiss the employee.
 
In this case the employee’s grievances largely related to, amongst other things, the failure of senior managers to include him in meetings, which he thought he should have been invited to.  The grievances could not be resolved informally, partly because the employee wanted to discuss his complaints with his line manager, who did not have the appropriate authority to resolve the issues.  The employer invited the employee to attend a formal grievance meeting, but he refused to attend.  The employee also declined to withdraw his grievances.  The employer therefore decided to hold a formal grievance meeting in the employee’s absence, during which his grievances were not upheld.  The employer subsequently carried out a comprehensive disciplinary process and dismissed the employee.
 
This case demonstrates the importance of following due process in both grievance and disciplinary situations.  Had the employer not taken all reasonable steps to process the employee’s grievance, including inviting and holding a grievance meeting in the employee’s absence, there is a possibility that any subsequent dismissal would have been found to be unfair.