When dealing with an internal dispute, grievance or disciplinary procedure, any undue delay in the process can be fatal to your defence as an employer. Therefore, you need to be vigilant in regards to your duty to act quickly and efficiently to achieve a resolution. Here’s a look at a case where a delay in proceedings made for a tricky employment tribunal situation...
In the Office of Public Works v A Worker LCR21381, the worker was one of four employees of the respondent who initiated formal bullying complaints against a named colleague in January 2013.
Due to the nature and complexity of the allegations, an external investigator was appointed, and in accordance with procurement rules, this position had to be put to tender.
The complaints (48 in total) were investigated by that external investigator, who ultimately issued a report in November 2014.
The complainants and the subject of the complaint were then afforded an opportunity to make observations on the investigator’s report, before the Respondent’s Equality Officer made a final determination in relation to the complaints in July 2015.
This was followed by a further review - initiated by the subject of the complaints - which concluded in late February 2016.
An ‘inordinate delay’
The Claimant argued that the lapse of time between the making of a formal complaint in January 2013, and the matters concluding in February 2016, constituted an inordinate delay and so was entitled to compensation.
The Respondent countered that the rights of all parties had to be vindicated, and therefore it was more important that the process is done correctly rather than quickly.
Finding for the Claimant, the Labour Court concluded that though there was some justification for the delay, the strain that the long duration of the investigation placed on all parties meant that the actions of the Respondent fell far short of best practice.
The right to an expeditious resolution relates to everyone involved; an employee who makes a complaint, an employee about whom a complaint is made and, potentially, witnesses in respect of a complaint. Accordingly, all advice given with respect to procedures must keep in mind the duty to act swiftly. Delay itself, without any other wrongdoing, could give rise to liability.
If you have any questions in relation to internal disputes, grievance, and disciplinary procedures or employment tribunals, please contact our expert employment law advisors on the 24 Hour Advice Service on 0818 923 923
