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Law: Modified grievance procedure

A recent case (O’Neil v Wooldridge Ecotech Ltd) shows how strictly limited the modified grievance procedure is.

The modified procedure is available to use when an employee has effectively left work immediately and there is no possibility of carrying out the normal three step disciplinary procedure (eg cases of termination for gross misconduct).

In the particular case the incident, which amounted to verbal abuse and gross insubordination, occurred on a particular morning.

The line manager consulted with other senior employees in the afternoon but didn’t dismiss the employee until the morning after.

Under the Modified Dismissal Procedure there must be a dismissal ‘at the time the employer became aware of the conduct or immediately after it’.

The time delay for dismissal was too long.

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