EAT Statutory Discipline and Grievance Procedures – Whether infringed
Practice and Procedure – Application/claim
The ET struck out the employee’s claims against Respondent (1), her employers, and Respondent (2), the managers of the unit in which she worked, that she had been the victim of race discrimination and rejected her review application. The basis of the strike-out was that (1) no grievance alleging race discrimination had been made before presentation of the claim (2) there was no pleaded case against Respondent (2). Held as to (1) the Employment Tribunal, at review, found that a document of 24.5.06, together with a document of 9.10.06, amounted to a sufficient raising of a grievance but that they could not consider the former document under Rule 34(3)(e) because it was not before the Employment Tribunal at the original hearing. Following Flint v EEB [1975] ICR 395, the Employment Tribunal erred in law in not taking the former document into account: there were special circumstances (2) the pleading was sufficient to inform Respondent (2) that a claim was being brought against them under 33(i) of RRA 1976, as aiders of R(1)’s discrimination.
Citations:
[2008] UKEAT 0520 – 07 – 2602
Links:
Citing:
Cited – Flint v Eastern Electricity Board EAT 1975
The employee had failed to mention at the hearing of his claim for a redundancy payment a fact which was arguably highly material to the issue of whether his refusal of alternative employment was reasonable; and his claim had been dismissed. He . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 15 July 2022; Ref: scu.268106