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Childcare Counsel - abuse of the grievance process

Abuse of the grievance process can result in dismissal, as a recent tribunal has shown, says Hannah Belton, director of Morgan La Roche

Employees cannot insist on keeping unresolved grievances indefinitely. A recent employment tribunal decision indicates that, where a grievance has not been resolved informally, it may be open to the employer to insist that the employee either withdraw it, or co-operate in pursuing it formally.

The case began when the tribunal claimant, Mr Hope, raised a grievance against a colleague, saying he was ‘unprofessional and dismissive’. The grievance was not upheld and the appeal outcome letter expressed disappointment that the claimant had not taken up the offer of a meeting with his colleague.

He complained numerous times over the course of several months and asked to discuss the matter with his manager. Informal discussions took place but did not resolve the issue. When asked if he wanted to pursue the matter formally, the claimant replied that he did not wish to do so but wanted to retain the ability to do so.

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