Employment Law Bulletin - January 2022

Published date07 February 2022
Subject MatterEmployment and HR, Discrimination, Disability & Sexual Harassment, Employment Litigation/ Tribunals, Employee Rights/ Labour Relations
Law FirmWrigleys Solicitors
AuthorMs Alacoque Marvin

Welcome to Wrigleys' Employment Law Bulletin, January 2022.

In our first article this month we report on the interesting case of Hope v British Medical Association in which the EAT considered whether a dismissal for raising a series of informal grievances and refusing to formalise them was fair in all the circumstances. This case provides helpful guidance on when a dismissal for conduct which is not gross misconduct may be found to be fair.

In Wells Cathedral School Ltd v Souter & Leishman, the EAT considered whether it was just and equitable to extend the time limit to bring discrimination claims. In this case, the claimants argued their delay was due to their wish to resolve their concerns through an internal grievance process.

Readers will be aware that staff working in care homes are now subject to a Care Quality Commission requirement to be vaccinated against COVID-19 or to have a valid medical exemption. However, before this requirement was brought into force a number of care sector employers issued management instructions requiring their staff to be vaccinated. We report on a recent employment tribunal decision, Ms C Allette v Scarsdale Grange Nursing Home Limited, which considered whether a care home worker was fairly dismissed for refusing to comply with a management instruction to be vaccinated.

And in the next in our series of Wrigleys' Essential Guides, we share some top tips for those undertaking the investigation stage of the disciplinary process.

It would be great to see you at our next free Employment Brunch Briefing on 1 February which is a useful data protection update for employers from our regular guest speaker, Ibrahim Hasan of Act Now Training. Please see the link below to book your place or to access recordings of our past Employment Brunch Briefings.

Employee fairly dismissed for using grievance process as a 'repository of unresolved complaints'

Article published on 19 January 2022

EAT decision highlights that abuse of the grievance process may give employers grounds to dismiss.

Every employer should have a grievance policy. These are designed to act as a way for employees to raise issues on a wide range of topics concerning their employment, from their terms and conditions and treatment to broader issues including leadership and culture.

For this reason, they are a useful pressure release valve designed to allow an employee's voice to be heard via a constructive process and also to alert the employer to issues that, if left...

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