What should an employer do if an employee fails to attend a grievance hearing?Posted in : First Tuesday Q&A NI on 3 December 2018
As a starting point, an employer should consider the reasons for the failure to attend, for example, if the employee is suffering from stress as a result of the grievance procedure. If it is the first time that the employee has failed to attend, it will be appropriate to re-schedule the grievance hearing.
Employees should remember that under the LRA Code of Practice on Grievance Procedures, any tribunal award can be increased or decreased by up to 50% to reflect an unreasonable failure to follow procedure. Failing to turn up at a grievance hearing without a satisfactory reason could arguably be an unreasonable failure, as employees are required to “take reasonable steps” to attend.
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
More on Disciplinary & Grievance
- Investigating Allegations of Serious Misconduct – to Suspend or Not to Suspend
- Helpful Tips on How to Lay the HR Groundwork for a Successful Christmas Party Event
- R (On the Application of Chief Constable of West Midlands) v Police Misconduct Panel 
- Dealing with Quiet Quitting
- Marangakis v Iceland Foods Limited 
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.