Employers should ensure that appeals against a grievance decision are heard by an appropriate senior manager other than the original decision-maker, unless this really is not possible. The individual should also be outside the reporting line of the original decision-maker, to avoid allegations of bias or failure to exercise independent judgement.
The EAT has confirmed that a failure to provide such an impartial appeal process could amount to a breach of the implied term of trust and confidence in some circumstances, entitling an employee to resign and claim constructive dismissal. (Blackburn v Aldi Stores Ltd)
