Failure to follow proper grievance process may breach trust and confidence duty
The claimant in Blackburn v Aldi Stores Ltd raised a grievance about a number of issues, including health and safety, training and an allegation that a deputy manager had sworn at him on two occasions. The employer’s written grievance procedure required grievances to be handled by a section manager, with appeals to be notified to the next level of management in writing.
The grievance was handled by the regional managing director (RMD) who accepted certain aspects but rejected the allegations of abuse. The claimant appealed against the decision in a letter to the RMD, with a copy to the group managing director. The RMD dismissed the appeal after a 20-minute meeting.
The claimant resigned and brought a claim for constructive unfair dismissal, arguing that the employer had breached the implied duty of trust and confidence by, among other things, denying him a proper appeal against the grievance decision, given that the same person had heard both the original grievance and the subsequent appeal…
If you are registered and logged in to the site, click on the link below to read the rest of the Hogan Lovells briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Hogan Lovells
News from The Lawyer
Briefings from Hogan Lovells
The decision of the US Court of Appeals has raised questions about how issuers should present their disclosures on conflict minerals under Exchange Act Rule 13p-1 and Form SD.
An interesting judgment was delivered by the Honourable J Majiki on 19 November 2013 in the Eastern Cape High Court, Port Elizabeth.
Analysis from The Lawyer
As international firms question their future in these small, closely linked markets, local lawyers too are eyeing the business environment with caution
Beyond the headline infrastructure projects, UK construction work is still recovering from the clobbering it took during the slump