EAT Practice and Procedure – 2002 Act and Pre-action requirements
There is no free-standing right to complain of a breach of the statutory procedures in the absence of a valid claim of unfair dismissal (here by a person with less than one year’s service).
The right to a statement of particulars of contractual terms under Employment Rights Act 1996 Part I is not one to which the procedures apply.
Judges:
His Honour Judge Mcmullen QC
Citations:
[2006] UKEAT 0273 – 06 – 1108, UKEAT/0273/06, [2007] ICR 348
Links:
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 . .
Cited by:
Cited – Ward v Ashkenazi CA 2-Feb-2011
The claimant had been awarded damages after being found to have been unfairly dismissed for an automatically unfair reason in requesting written particulars of her employment. The EAT had awarded a 50% uplift for non-compliance with statutory . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 09 July 2022; Ref: scu.247796