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 acts of the Respondent. No grievance pursuant to the 2004 Regulations had been presented. The Employment Tribunal allowed the case to proceed at a pre-hearing review under s95(1)(c) Employment Rights Act 1996 (ERA) in respect of only one of the four acts, i.e. the one which was the subject of a grievance presented before the regulations came into effect.
On appeal it was held that it was not possible to sever the four grounds on which the Claimant alleged he had been constructively dismissed and to proceed on only one. The Claimant’s case of constructive dismissal being based on four acts was not the same as the claim made in the grievance based upon only one and thus the appeal was allowed. In any event, proceeding on only one of the grounds made the case very weak and it ought to be struck out. The appeal against the Disability Discrimination Act 1995 was also allowed.
Judges:
McMullen QC
Citations:
[2007] UKEAT 0526 – 06 – 0105, UKEAT/0527/06, UKEAT/0526/06
Links:
Citing:
See Also – Lambrou v Cyprus Airways Ltd EAT 8-Nov-2005
EAT Disability Discrimination and Practice and Procedure
The Tribunal erred in striking out the disability discrimination claim. On a fair reading of the pleadings and particular s as a whole, the disability . .
Cited – Shergold v Fieldway Medical Centre EAT 5-Dec-2005
The claimant had submitted a grievance complaining in general terms of the way in which she had been treated by a manager. She did not, however, refer to a particular incident relied on in her pleading as one of the two ‘last straw’ incidents that . .
Cited by:
Cited – Sarti (Sauchiehall St) Ltdv Polito EAT 17-Jun-2008
The parties disputed the jurisdiction of the Employment tribunal to hear a case where payment of statutory sick pay had been refused when the employer had heard that he was working. The employee now claimed constructive unfair dismissal.
Held: . .
Cited – Step In Time Ltd v Fox and Another EAT 3-Nov-2008
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 . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 11 July 2022; Ref: scu.252471