EAT STATUTORY DISCIPLINE AND GRIEVANCE PROCEDURES – Whether applicable
UNFAIR DISMISSAL – Mitigation of loss
The Respondent withdrew its objection that the Claimant had not raised a grievance in accordance with Section 32 of the Employment Act 2002 [repealed as from 6 April 2009] when the Employment Judge drew its representative’s attention to the judgment of the Employment Appeal Tribunal in Arnold Clark Automobiles v Stewart and others UKEATS/0052/RM. Accordingly the Employment Tribunal did not err in not considering whether a statutory grievance could be raised in without prejudice correspondence or in not considering whether the subject matter of the Claimant’s complaint to the Employment Tribunal had been raised in such correspondence. Further the Employment Tribunal did not err in law or come to a perverse conclusion on the facts in deciding that the Claimant had not failed to mitigate his loss when he refused an offer of re-employment made almost immediately after he had been constructively dismissed. The Respondent’s appeal from the finding of unfair dismissal and the quantum of compensation was dismissed.
Citations:
[2010] UKEAT 0469 – 09 – 2204
Links:
Employment
Updated: 25 August 2022; Ref: scu.424997