Case Law Update: Navigating Disciplinary And Grievance Procedures

It is crucial that employers in the motor industry are adept at managing employee relations issues, primarily grievances and disciplinary matters, promptly and fully. Two recent cases have provided useful practical guidance for employers when navigating through complex employee relations cases.

Case one: Disclosure of grievance investigation reports

In University of Dundee v Chakraborty [2022] EAT 150, an investigation into the Claimant's grievance was carried out under the University's 'Dignity at Work Policy', resulting in the preparation of an Investigation Report. This was subsequently amended in light of legal advice but only the revised version was disclosed.

During the Tribunal proceedings, the Claimant applied for the disclosure of the original version of the Report. The University resisted this application, claiming that the original version was protected by 'legal advice privilege', which protects confidential communications between a lawyer and their