Afolabi v London Borough of Barking and Dagenham: EAT 11 Dec 2014

EAT Jurisdictional Points : 2002 Act and Pre-Action Requirements – PRACTICE AND PROCEDURE – Costs
Statutory Grievance Procedure compliance was raised for the first time at the start of the substantive hearing by the Respondent. The Employment Tribunal allowed the point to be taken and upheld it. Permissible approach; see Glasgow v Cross; Fraser, cf. Sandwell (Elias J) obiter remarks. Appeal dismissed.
Point raised in the appeal arguable. No costs ordered in the appeal despite the Respondent’s offer not to enforce the Employment Tribunal costs award if the appeal is withdrawn.

Peter Clark HHJ
[2014] UKEAT 0309 – 14 – 1112
Bailii
England and Wales

Employment

Updated: 27 December 2021; Ref: scu.541962