EAT Statutory Discipline and Grievance Procedures – Whether applicable – Whether infringed – Was the modified or standard grievance procedure applicable? The Employment Tribunal found the former, and held that the grievance did not identify the basis of the claims which were subsequently lodged with the Tribunal. Therefore the Tribunal had no jurisdiction to hear the equal pay claims advanced. The EAT held that the tribunal had properly applied the law and the appeal failed.
Elias J rejected a submission that European Law required a particular statutory interpretation of the procedure that would allow the claim to proceed, explaining: ‘There is nothing intrinsically inconsistent with EU law to have a requirement that a grievance issue should be raised before claims could be made. Such a requirement does not act as an absolute barrier to employees pursuing their claims or render remedies ineffective, or anything of that nature. Moreover, it is not suggested that EU law in any way affects the construction that would naturally be given to the relevant statutory provisions. On this point the issue is solely a matter of domestic law and it is a simple question of construction.’
Judges:
Elias P J
Citations:
[2008] UKEAT 0051 – 08 – 3004
Links:
Statutes:
Employment Act 2002 32(2) Part 3, Employment Act 2002 (Dispute Resolution) Regulations 2004
Jurisdiction:
England and Wales
Citing:
Cited – City of Bradford Metropolitan District Council v Pratt EAT 4-Oct-2006
EAT Practice and Procedure
Statutory dispute resolution procedures introduced by the Employment Act 2002 – modified grievance procedure – whether employee complied with requirement to set out in writing the . .
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 – Canary Wharf Management Limited v Edebi EAT 3-Mar-2006
EAT Practice and Procedure – striking-out/dismissal
Grievance procedures. Were they complied with? Held not to be in the circumstances of this case. Observations on what counts as compliance and how . .
Cited by:
Cited – Molaudi v Ministry of Defence EAT 15-Apr-2011
molaudi_modEAT11
EAT JURISDICTIONAL POINTS
The Claimant sought to bring a claim for racial discrimination against the defendant relating to events which occurred while the Claimant was a serving soldier. He had previously . .
Lists of cited by and citing cases may be incomplete.
Employment, European
Updated: 27 November 2022; Ref: scu.267397