As a starting point, an employer should consider the reasons for the failure to attend, for example, if the employee is suffering from stress as a result of the grievance procedure. If it is the first time that the employee has failed to attend, it will be appropriate to re-schedule the grievance hearing.

Employees should remember that under the LRA Code of Practice on Grievance Procedures, any tribunal award can be increased or decreased by up to 50% to reflect an unreasonable failure to follow procedure. Failing to turn up at a grievance hearing without a satisfactory reason could arguably be an unreasonable failure, as employees are required to “take reasonable steps” to attend.

If an employee fails to attend a grievance hearing due to stress-related illness, it may be appropriate to obtain a medical report which will provide more specific details on the employee’s medical condition. A medical report will enable the employer to ascertain whether it is suitable to consider the grievance at that time and/or whether any reasonable adjustments could be made to facilitate the employee during the grievance process. However, employers should note that under GDPR they can no longer rely on contractual consent to process data obtained in any medical report.

If an employee has repeatedly failed to attend a grievance hearing, an employer has discretion to decide whether it is reasonable to issue an outcome based on the information available or whether the grievance should be considered closed due to the inaction of the employee. In line with the LRA Code of Practice, grievance outcomes should always be issued in writing and the employee should be informed of their right to appeal.