EAT STATUTORY DISCIPLINE AND GRIEVANCE PROCEDURES
Whether infringed
The employment judge held that the two claimants had complied with the statutory grievance procedures and that the Tribunal had jurisdiction to hear their claims for constructive unfair dismissal. He did so, however, in part by treating an ET1 as constituting a grievance. That was contrary to the EAT decision in Gibbs t/a Jarlands Financial Services v Harris UKEAT/0023/07.
The EAT held that notwithstanding this error, there was other material which justified the conclusion that Mrs Hunter had raised the relevant grievance and that her subsequent claim essentially raised the same complaint. However, the position was not clear with respect to Mrs Fox. The case was remitted to the same employment judge to determine whether the Tribunal had jurisdiction or not.
Judges:
Elias P J
Citations:
[2008] UKEAT 0031 – 08 – 0311
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Canary Wharf Management Limited v Edebi EAT 3-Mar-2006
EAT Practice and Procedure – striking-out/dismissal
Grievance procedures. Were they complied with? Held not to be in the circumstances of this case. Observations on what counts as compliance and how . .
Cited – Gibbs (T/A Jarlands Financial Services) v Harris EAT 27-Feb-2007
EAT Practice and Procedure – Preliminary issues
The Employment Tribunal was wrong to conclude that an ET1 could constitute a written grievance for the purpose of satisfying section 32 of the Employment Act . .
Cited – Cyprus Airways Ltd v Lambrou EAT 1-May-2007
EAT Practice and Procedure – 2002 Act and Pre-action Requirements
Unfair Dismissal – Constructive Dismissal
On 14 October 2004 the Claimant claimed constructive unfair dismissal arising out of four . .
Cited – Galaxy Showers Ltd v Wilson EAT 10-Nov-2005
The EAT upheld the view of an ET that a resignation letter giving notice of termination was a sufficient compliance with the requirement to set out the grievance in writing. If an employee had raised a grievance about alleged misbehaviour by the . .
Cited – Weare v HBOS plc EAT 28-Oct-2008
EAT JURISDICTIONAL POINTS: 2002 Act and pre-action requirements
The EAT upheld an appeal by the employee against a decision of the Employment Tribunal which held that it had no jurisdiction to hear certain . .
Cited – Smith v Network Rail Infrastructure Ltd EAT 24-Apr-2007
EAT Disability Discrimination – Reasonable adjustments
Where a Claimant submits a grievance relating to a continuing discriminatory act, s32 Employment Act 2002, and Schedule 2 para 6 do not require him to . .
Cited by:
Cited – Suffolk Mental Health Partnership NHS Trust v Hurst and Others CA 7-Apr-2009
The employee’s union had written to the employer to say that the employee had a claim for back pay under the 1970 Act. The employer appealed a finding that this was sufficient to launch the claim.
Held: The appeal failed. It was wrong to . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 19 July 2022; Ref: scu.277572