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.