EAT PRACTICE AND PROCEDURE
2002 Act and Pre-Action Requirements
The employers contended that the Tribunal should not hear a case of unfair dismissal because the employee had failed to comply with the statutory grievance procedure. The Tribunal rejected the argument, heard the case and made a finding of unfair dismissal. The Tribunal held that the employer had not raised the issue within the meaning of s32(6) of the Employment Act 2002 simply by stating in their response that no written grievance had been raised. Further, and in any event, the procedure was inapplicable because the grievance fell within reg6(5) of the Employment Act 2002 (Dispute Resolution) Regulations 2004. The EAT reluctantly held that the Tribunal had erred in reaching both conclusions and that they ought not to have heard the case.
Judges:
Elias P J
Citations:
[2007] UKEAT 0087 – 07 – 0207
Links:
Employment
Updated: 11 July 2022; Ref: scu.254348