EAT Practice and Procedure – 2002 Act and pre-action requirements.
The employee alleged that she had been discriminated against on racial grounds with respect to the two acts occurring in the course of disciplinary procedures, and her dismissal. The Tribunal found that the statutory grievance procedures had not been complied with in relation to these matters. They allowed the claim relating to the dismissal to go to a full hearing on the grounds that there was no requirement to lodge a grievance with respect to that matter by virtue of reg. 6(5) of the Employment Act 2002 (Dispute Resolution) Procedures 2004. However, they held that the failure to comply with the procedures with respect to the other two matters precluded them from exercising jurisdiction.
The EAT upheld the appeal and held that reg.6(5) should be broadly construed and therefore the statutory grievance procedures were inapplicable to those complaints. The EAT followed the cases of Department for Constitutional Affairs v Jones UKEAT/0333/06 and Lawrence v HM Prison Service UKEAT/0630/06.
Judges:
The Honourable Mr Justice Elias (President)
Citations:
[2007] UKEAT 0253 – 07 – 0307, UKEAT/0253/07/JOJ
Links:
Employment
Updated: 11 July 2022; Ref: scu.258099