The claimant had asserted constructive dismissal. He succeeded on appeal to the EAT, and the employer now appealed. He had asserted bullying by his managers, and then was absent from work after developing depression. The commission said that he was debarred from claiming having not completed the grievance procedure or provided a written statement of his grievance. He claimed to be excused from compliance
Waller LJ VP, Buxton LJ, Lloyd LJ
 EWCA Civ 428
Employment Act 2002 32(2), Employment Act 2002 (Dispute Resolution) Regulations 2004 11
England and Wales
Appeal from – Lipscombe v Forestry Commision EAT 28-Sep-2006
EAT Practice and Procedure – Appellate jurisdiction/Reasons/Burns-Barke;
2002 Act and Pre-action Requirements
The Employment Tribunal failed correctly to construe the Claimant’s resignation letter as . .
Cited – H Thorpe, Soleil Investments Ltd v M W Poat, M R Lake EAT 18-Oct-2005
EAT When considering whether the claimant had first satisfied the requirement to have put his complaint in writing before later claiming constructive dismissal, the provisions of the company’s own grievance . .
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 – 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 . .
These lists may be incomplete.
Updated: 03 February 2021; Ref: scu.251773