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 interpret such requirements too technically so as to give rise to satellite litigation of this sort and to discourage attempts to settle cases. Where a statement was intended to mislead or distract the employer, then it might be dealt with as an abuse.
Judges:
Lord Justice Pill, Lord Justice Wall and Lord Justice Etherton
Citations:
[2009] EWCA Civ 309, Times 28-Apr-2009, [2009] IRLR 12, [2009] IRLR 452, [2009] ICR 1011, [2009] ICR 281
Links:
Statutes:
Employment Act 2002, Equal Pay Act 1970
Jurisdiction:
England and Wales
Citing:
Cited – Step In Time Ltd v Fox and Another EAT 3-Nov-2008
EAT STATUTORY DISCIPLINE AND GRIEVANCE PROCEDURES
Whether infringed
The employment judge held that the two claimants had complied with the statutory grievance procedures and that the Tribunal had . .
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, Discrimination
Updated: 24 July 2022; Ref: scu.330952
