EAT PRACTICE AND PROCEDURE: Review
JURISDICTIONAL POINTS: 2002 Act and pre-action requirements
The Tribunal held (a) that Appellant’s unfair dismissal claim was out of time and (b) that she had not previously lodged a grievance relating to her disability discrimination claim, so that the Tribunal had no jurisdiction by virtue of s.32 of the Employment Act 2002. As to (a), appeal dismissed because the decision had been varied on review. As to (b), held that although the acts complained of had been the subject of a grievance it was necessary for the purposes of s.32 that the employer should have been enabled to understand the legal character of the complaint being made; and that since the acts in question had been explicitly characterised as complaints of race and sex discrimination and there were no indications of a complaint of disability discrimination that requirement was not satisfied.
Citations:
[2009] UKEAT 0116 – 09 – 0604
Links:
Jurisdiction:
England and Wales
Citing:
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 . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 11 July 2022; Ref: scu.346163