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 led to her resignation. The respondent contended that by reason of that omission the claimant had not complied with the statutory grievance procedure in the relevant respects. The EAT considered what constituted a grievance in writing which question had been troubling employment tribunals. The concerns were as to whether the requirement was to invoke the employer’s grievance procedure and what degree of detail it was necessary to put in a written document in order to comply with the statutory requirement.
Held: A claimant who has lodged a grievance about unreasonable conduct on the part of his employer is not necessarily obliged to lodge further grievances about each subsequent instance of such behaviour, even if that is relied on as the ‘last straw’.
The Honourable Mr Justice Burton (President)
[2005] UKEAT 0487 – 05 – 0512, UKEAT/0487/05, [2006] IRLR 76, [2006] ICR 304
Bailii, EAT
England and Wales
Cited by:
Cited – Lipscombe v The Forestry Commission CA 9-May-2007
The claimant had asserted constructive dismissal. He succeeded on appeal to the EAT, and the employer now appealed. He had asserted bullying by his managers, and then was absent from work after developing depression. The commission said that he was . .
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 – City of Bradford Metropolitan District Council v Pratt EAT 9-Jan-2007
bradford_prattEAT2007
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 – 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 – Riley v First Choice Homes Oldham Ltd EAT 30-Apr-2008
riley_firstEAT2008
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 . .
Cited – Clyde Valley Housing Association Ltd v Macaulay EAT 3-Apr-2008
clyde_macaulayEAT2008
EAT Jurisdictional Points: 2002 Act and pre-action requirements
Statutory grievance procedure. Modified procedure. Whether letter from claimant’s solicitor set out the basis for her grievance. . .
Cited – BUPA Care Homes v Cann; Spillett v Tesco Stores EAT 31-Jan-2006
EAT Practice and Procedure – 2002 Act and Pre-Action Requirements; and Amendment
Whether section 32(4) EA 2002 – original time limit – restricts time for bringing a DDA claim to the primary 3 months period, . .
Cited – Royal Mail Letters and others v Muhammad EAT 20-Dec-2007
EAT Practice and Procedure
Whether Claimant complied with requirements of Section 32 of the Employment Act 2002 and paragraph 6, Schedule 2 of the Employment Act (Dispute Regulations) 2004. . .
Cited – Tariq v The Home Office EAT 16-Oct-2009
EAT PRACTICE AND PROCEDURE
Disclosure
HUMAN RIGHTS
(1) The procedure sanctioned by rule 54 of the Employment Tribunals Rules of Procedure, and by the Employment Tribunals (National Security) Rules . .
Cited – Terry Ballard and Co (A Firm) v Stonestreet EAT 11-Jan-2007
EAT Practice and Procedure – Review; Insolvency
A Respondent debarred under rule 4(1) and 9 may apply for a review and, if granted, appear as a full party. Otherwise there is no purpose in allowing it to . .
Cited – Tomlinson v Computer Software Group Ltd and others EAT 12-Dec-2008
EAT JURISDICTIONAL POINTS
Claim in time and effective date of termination
2002 Act and pre-action requirements
STATUTORY DISCIPLINE AND GRIEVANCE PROCEDURES
Whether infringed
EDT – Step 1 . .
Cited – Millican v Coleraine Area Rural Transport NIIT 11-Mar-2009
. .
Cited – Elhaeres v Chubb Security Personnel Ltd EAT 12-Mar-2009
EAT JURISDICTIONAL POINTS: 2002 Act and pre-action requirements
The Employment Judge erred in law in holding that the claims were barred by section 32(2) of the Employment Act 2002. . .
Cited – Sadare v London Borough of Lambeth EAT 6-Apr-2009
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 . .
Cited – Suffolk Mental Health Partnership NHS Trust v Hurst and Others CA 7-Apr-2009
The employee’s union had written to the employer to say that the employee had a claim for back pay under the 1970 Act. The employer appealed a finding that this was sufficient to launch the claim.
Held: The appeal failed. It was wrong to . .
Cited – Eagles v Rugged Systems Ltd EAT 11-May-2009
EAT Jurisdictional Points
Cited – Parsons v Burworth Estates (A Firm) EAT 22-May-2009
EAT JURISDICTIONAL POINTS – 2002 Act and pre-action requirements
Constructive dismissal – Tribunal wrong to have held that the complaints relied on by the Claimant had not been the subject of a prior . .
Cited – Evershed v New Star Asset Management EAT 31-Jul-2009
EAT PRACTICE AND PROCEDURE – Amendment
JURISDICTIONAL POINTS – 2002 Act and pre-action requirements
Judge refused permission to Claimant to amend claim form to include claim under s. 103A of Employment . .
Cited – Saunders v Department for Work and Pensions – Child Support Agency EAT 14-Sep-2009
EAT UNFAIR DISMISSAL: Constructive dismissal
In upholding the Claimant’s disability discrimination claim and dismissing her constructive dismissal claim, the Employment Tribunal misconstrued her letter of . .
Cited – Harris v Towergate London Market Ltd EAT 21-Mar-2007
EAT Practice and Procedure – 2002 Act and Pre-action Requirements
Six weeks after the Claimant’s dismissal by the Respondent, she attended a meeting with management and her union officer. Further information . .
Cited – Tran v Northern Ireland Fire and Rescue Service NIIT 4-Apr-2007
. .
Cited – Shopland v Iceland Foods Ltd NIIT 18-Apr-2007
. .
Cited – Kennedy v Department for Social Development FENI 26-Apr-2007
. .
Cited – Durnien v T Durnien Ltd NIIT 26-Apr-2007
. .
Cited – Cyprus Airways Ltd v Lambrou EAT 1-May-2007
EAT Practice and Procedure – 2002 Act and Pre-action Requirements
Unfair Dismissal – Constructive Dismissal
On 14 October 2004 the Claimant claimed constructive unfair dismissal arising out of four . .
Cited – Graham v HFC Bank Ltd FENI 2-May-2007
. .
Cited – Kennedy Scott Ltd v Francis EAT 3-May-2007
EAT Practice and Procedure – 2002 Act and Pre-action Requirements
Has the Claimant complied with Step 1 of the statutory grievance procedure where he presents his complaint at a meeting with his line . .
Cited – McCann v Tim Lewis Recruitment Ltd NIIT 16-May-2007
. .
Cited – Carcianiga v The British Leprosy Relief Association (Lepra) EAT 18-May-2007
EAT Practice and Procedure – 2002 Act and pre-action requirements
Appeal from a PHR by a Chairman that there had been no statutory grievance following Canary Wharf Management Ltd v Edebi [2006] IRLR 416. . .
Cited – Houston v Ministry of Defence NIIT 23-May-2007
. .
Cited – Alford House and others v McDonald EAT 11-Oct-2007
EAT Practice and Procedure: 2002 Act and Pre-action Requirements
Various questions relating to s.32 of the Employment Act 2002 and the Employment Act 2002 (Dispute Resolution) Regulations 2004.
Cited – A Blitz v Equant Integration Services Ltd (T/A Orange Business Services) EAT 2-Nov-2007
EAT Disability discrimination: Less favourable treatment / Harassment
Practice and Procedure: Application/claim / Amendment
The Tribunal applied wrong tests in respect of disability related . .
Cited – Ward v The University of Essex EAT 3-Dec-2007
EAT Jurisdictional Points – 2002 Act and pre-action requirements
Statutory Discipline and Grievance Procedures – Whether infringed
Practice and Procedure – Compromise
The Employment Judge . .
Cited – Highland Council v TGWU/Unison and Others EAT 7-Dec-2007
EAT Equal Pay Act – Out of time
Equal pay claims and statutory grievance procedures. Whether claimants prevented by section 32(2) of the Employment Act 2002 from presenting complaints specifying different . .
Cited – Dunn v Chief Constable of PSNI NIIT 11-Dec-2007
NIIT The decision of the tribunal is that:-
(1) The claimant’s claims of discrimination on the grounds of disability and breach of contract are dismissed, following withdrawal made orally to the tribunal.
Cited – Highland Council v TGWU Unison First and others EAT 18-Dec-2007
EAT Equal Pay Act – Out of time
Equal pay claims and statutory grievance procedures. Whether claimants prevented by section 32(2) of the Employment Act 2002 from presenting complaints specifying different . .
Cited – John v Patel and Another (T/A Edmonton Exhaust) EAT 4-Feb-2008
EAT Practice and Procedure – Appellate jurisdiction/Reasons/Burns-Barke
Statutory Discipline and Grievance Procedures: Impact on compensation
Jurisdictional Points: 2002 Act and pre-action . .
Cited – Bury Metro Racial Equality Council and others v Lyle EAT 11-Mar-2008
EAT Practice and Procedure: Amendment
Jurisdictional Points: Claim in time and effective date of termination
Disability Discrimination: Justification
Permission to amend Notice of Appeal refused; . .
Cited – The Highland Council v TGWU and Unison EAT 3-Jun-2008
EAT EQUAL PAY ACT: Equal value
Equal Pay claims. Whether letters sent to local authority employers by unions prior to coming into force of the statutory grievance procedures met the requirements of regulation . .
Cited – Cannop and others v Brown and others SCS 11-Jun-2008
. .
Cited – Messrs Dean and Dean Solicitors v DionissiouMoussaoui EAT 14-Jul-2008
EAT PRACTICE AND PROCEDURE: Costs
The Employment Judge did not err in principle or omit a relevant or consider an irrelevant factor when dismissing Respondents’ applications for costs when much of a sex . .
Cited – European Credit Management Ltd v Hosso EAT 12-Aug-2008
EAT Practice and Procedure
The issue was whether the modified grievance procedure had been satisfied in relation to a claim for larger payments when no specific mention of such payment had been made in any . .
Cited – Thornton Print Ltd v Morton EAT 8-Sep-2008
EAT UNFAIR DISMISSAL: Constructive dismissal
STATUTORY DISCIPLINE AND GRIEVANCE PROCEDURES: Whether infringed
The Respondent committed a repudiatory breach of the Claimant’s contract of employment. . .
Cited – Weare v HBOS plc EAT 28-Oct-2008
EAT JURISDICTIONAL POINTS: 2002 Act and pre-action requirements
The EAT upheld an appeal by the employee against a decision of the Employment Tribunal which held that it had no jurisdiction to hear certain . .
Cited – Arnold and others v Sandwell Metropolitan Borough Council EAT 6-Nov-2008
arnold_sandwellEAT2008
EAT JURISDICTIONAL POINTS: 2002 Act and pre-action requirements
These appeals raise the issue what detail needs to be provided in an equal pay case when an employee raises a written grievance as required by . .
Cited – Carson v Brooklands Nursing Homes Ltd NIIT 5-Jul-2006
. .
Cited – Scott-Davies v Redgate Medical Services EAT 11-Aug-2006
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 . .
Cited – Draper v Mears Ltd EAT 5-Sep-2006
EAT The employee was found in a company van about to drive after consuming alcohol. The Tribunal found that to his knowledge, the company had a zero tolerance rule as to driving after consuming alcohol. He was . .
Cited – Pugh v National Assembly for Wales EAT 26-Sep-2006
EAT The ET dismissed as premature the Claimant”s application for disability discrimination because the application was made less than 28 days after the Claimant”s grievance had been raised in a letter dated . .
Cited – Lipscombe v Forestry Commision EAT 28-Sep-2006
EAT Practice and Procedure – Appellate jurisdiction/Reasons/Burns-Barke;
2002 Act and Pre-action Requirements
The Employment Tribunal failed correctly to construe the Claimant’s resignation letter as . .
Cited – London Borough of Lewisham v Colbourne EAT 15-Nov-2006
EAT Time Limits
Practice and Procedure – 2002 Act and pre-action requirements
Unfair Dismissal – Constructive dismissal
For the purpose of the extension of the time afforded by reg. 15 of the . .
Cited – HM Prison Service v Barua EAT 15-Nov-2006
EAT Time Limits
Practice and Procedure – 2002 Act and pre-action requirements
Unfair Dismissal – Constructive dismissal
For the purpose of the extension of the time afforded by reg. 15 of the . .
Cited – Mclogan v (T/A Canal Court Hotel) NIIT 17-Nov-2006
. .
Cited – Patel v Leicester City Council EAT 20-Nov-2006
EAT Unfair dismissal – Automatically unfair reasons
A procedure will only have been completed within the meaning of section 98A(1)(b) of the Employment Rights Act 1996 if it has been completed in accordance . .
Cited – Department for Constitutional Affairs v Jones EAT 24-Nov-2006
EAT Time limits – Just and equitable extension
The Tribunal Chairman correctly found that in the circumstances the 3 month time limit for presenting a disability discrimination claim had not been extended to . .
Cited – Brock v Minerva Dental Ltd EAT 15-Dec-2006
EAT Practice and Procedure – Amendment; 2002 Act and Pre-action Requirements
Whether actual dismissal effectively withdrawn by employer during internal appeal process; whether Claimant should have permission . .
Cited – Patel v Leicester City Council EAT 20-Dec-2006
EAT Unfair dismissal – Automatically unfair reasons
A procedure will only have been completed within the meaning of section 98A(1)(b) of the Employment Rights Act 1996 if it has been completed in accordance . .
Cited – DMC Business Machines Plc v Plummer EAT 21-Dec-2006
EAT Unfair Dismissal – Constructive dismissal
Constructive dismissal case – Appeal based on alleged non-compliance by employee with s.32 (2) of 2002 Act by reason of failure to lodge a grievance in relation . .
Cited – Carson v Brooklands Nursing Homes Ltd NIIT 11-Jan-2007
. .
Cited – McLogan v McParland Bros T/A Canal Court Hotel NIIT 18-Jan-2007
. .
Cited – Odoemelam v Whittington Hospital NHS Trust EAT 6-Feb-2007
EAT Statutory grievance procedures
Need for grievance to identify that complaint is one of racial discrimination – application to claims against employees as well as to claims against their employers. . .
Cited – Gibbs (T/A Jarlands Financial Services) v Harris EAT 27-Feb-2007
EAT Practice and Procedure – Preliminary issues
The Employment Tribunal was wrong to conclude that an ET1 could constitute a written grievance for the purpose of satisfying section 32 of the Employment Act . .
Cited – Premier Foods Plc v Garner EAT 20-Mar-2007
EAT Unfair Dismissal – Reasonableness of dismissal; Procedural fairness/automatically unfair dismissal
Wide-ranging grounds of appeal concerning the standard DDP, automatic unfair dismissal, unfair . .
Lists of cited by and citing cases may be incomplete.
Employment
Leading Case
Updated: 11 November 2021; Ref: scu.257605