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Renfrewshire Women's Aid v Lewis - Grievance and disciplinary procedures: same issue, yet radically different outcomes [2011] EAT

If a grievance panel has characterised misconduct as being of a minor nature, and ruled accordingly, a subsequent disciplinary panel cannot consider exactly the same matters (no more, no less) and deem the behaviour so serious as to amount to gross misconduct warranting immediate dismissal. 

Mrs Lewis was one of 9 workers employed by Renfrewshire Women's Aid (RWA), all of equal seniority and referred to as a "collective". When one of her colleagues raised a grievance against Mrs Lewis for alleged bullying, a panel was set up to consider the matter. It concluded that Mrs Lewis had acted wrongly, but that disciplinary proceedings were not warranted. Mrs Lewis was required to apologise and accept guidance, but also the collective's practices as a whole would be reviewed.

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