Can dismissing an employee for raising vexatious grievances be fair?


The case concerned an employee who had raised a number of grievances against senior managers. These could not be resolved at the informal stage because he insisted his line manager deal with them, but they did not have the authority to resolve the issues.


Subsequently, the employee refused to withdraw his grievances, progress to the formal stage or attend a grievance hearing. The hearing took place in his absence and the grievances were not upheld. His conduct was considered to be frivolous, vexatious and an abuse of process.


He was dismissed for gross misconduct which the tribunal held to be fair, holding that the employer had acted reasonably in all the circumstances in treating the conduct as a sufficient reason to dismiss.


The case is helpful for those business owners dealing with problem employees.


Hope v. British Medical Association

https://www.bailii.org/uk/cases/UKEAT/2021/2021-000187.html


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