Should an employer postpone a disciplinary hearing to hear a grievance?

In the recent case of Jinadu v Docklands Buses Limited & Ors the EAT considered whether an employer was under an obligation to postpone a disciplinary hearing to consider an employee’s grievance.

Ms Jinadu was a bus driver whose driving was considered to be unsatisfactory following a complaint from a fellow road user. Following an investigation, she was instructed by the Operating Manager, Mr Dalton, to attend an in-house training centre for a driving assessment. Ms Jinadu refused to attend, saying that Mr Dalton was using his managerial position to bully her and that she was being made a “scapegoat”.

As a result of her refusal to attend, Mr Dalton referred the matter to the General Garage Manager who invited her to a disciplinary hearing, warning that her dismissal may follow. Ms Jinadu attended the hearing and was dismissed for gross misconduct.

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This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.


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Andrew Chamberlain

Partner - Head of Employment & Chair of the SDE

I am a Partner, the National Head of the Employment Team and the Chair of the Service Delivery Executive (SDE), which is focused on building better solutions for clients.