EAT Jurisdictional Points : 2002 Act and Pre-Action Requirements
On a step 3 appeal the Claimant raised for the first time a qualifying disclosure under PIDA. The Employment Judge incorrectly found that the employer would reasonably know this was a step 1 grievance and refused the Respondent’s application to dismiss the claim. Solicitors’ letters invoking the earlier grievances which did not cite any PIDA complaint could not make the step 1 grievance for per-employment detriments, and constructive unfair dismissal on PIDA grounds. The ordinary constructive unfair dismissal case would now be heard.
Judges:
McMullen QC J
Citations:
[2011] UKEAT 0238 – 11 – 0812
Links:
Jurisdiction:
England and Wales
Employment
Updated: 01 October 2022; Ref: scu.449997
