Misguided complaints not a reason for dismissal

An employment expert at Forbes Solicitors is warning that employers can not dismiss an employee despite them making continuous misguided complaints against the organisation.

Over a period of four years, one employee issued ten separate internal grievances alleging some form of discrimination and seven separate sets of employment tribunal proceedings, almost all of which were found to be empty allegations. He was then dismissed on the grounds of a breakdown in trust and confidence as a result of his actions.

He pursued a claim for victimisation at the employment tribunal, who found that his dismissal did not amount to victimisation. However the employment appeals tribunal decided that dismissal on the grounds of him issuing numerous unfounded grievance and tribunal proceedings was victimisation. Peter Byrne, head of employment at Forbes Solicitors, said: “Employers should be aware that unless they can clearly establish that claims and grievances have been issued in bad faith, an employee cannot be dismissed for making serial but misguided complaints of any form of discrimination whatsoever.”