Bias in grievance proceedings | Employment Law Advocates

In the case of Watson v University of Strathclyde, the Scottish Employment Appeal Tribunal took a very strong line about the appearance of bias in the constitution of a grievance panel by an employer. It held that an employee had been constructively dismissed because the panel hearing her appeal included somebody who had spoken publicly in support of the colleague that she was complaining about. On the face of it, this is a dramatic result with widespread implications. After all, it is not that uncommon in a small establishment for a grievance to be heard by the manager about whom the grievance was made.

However, it would be dangerous to attempt to extract a point of principle from this decision. Firstly, the facts are somewhat extreme in that the colleague in question had alarmingly been convicted for the improper use of a firearm. It is also noteworthy that the employee making the grievance had frequently asked for the panel member to be removed. Finally, although it is not made explicit in the judgment, it is surely relevant that this was a large employer with a formal grievance process, conducted by the appointment of a panel. It seems unlikely and, indeed, undesirable for a much smaller employer to be expected to take quite such a stringent approach. As always with a case of unfair dismissal, the composition of the panel is just one of many factors to be taken into account.