It is an implied term in a contract of employment that employers should reasonably and promptly afford employees a reasonable opportunity to obtain redress of any grievance. Morison J said: ‘It is clear therefore that Parliament considered that good industrial relations requires employers to provide their employees with a method of dealing with grievances in a proper and timeous fashion. This is also consistent of course with the Codes of Practice. That being so the industrial tribunal was entitled in our judgment to conclude that there was an implied term in the contract of employment that the employers would reasonably and promptly afford a reasonable opportunity to their employees to obtain redress and any grievance they may have. It was in our judgment rightly conceived that the industrial tribunal that such could be a breach of contract: see paragraph 11.’
Judges:
Morison J
Citations:
[1995] UKEAT 489 – 94 – 2804, [1995] IRLR 516
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Hamilton v Tandberg Televison Ltd EAT 12-Dec-2002
The applicant claimed unfair constructive dismissal.
Held: The appeal failed. McMullen QC J said: ‘It is suggested that the Employment Tribunal erred in law in failing to condemn the investigation. The standard against which investigation . .
Cited – Claridge v Daler Rowney Ltd EAT 4-Jul-2008
EAT UNFAIR DISMISSAL: Constructive dismissal
The Employment Tribunal held the employee had not been constructively dismissed. One of the complaints related to defects in the handling of the grievance . .
Cited – Sweetin v Coral Racing EAT 20-Dec-2005
EAT Claimant sought compensation for unfair constructive dismissal and failure to consult prior to a TUPE transfer of a bookmaker’s business for which the claimant worked. Her contract of employment described her . .
Cited – Watson v University of Strathclyde EAT 1-Feb-2011
EAT UNFAIR DISMISSAL – Constructive dismissal
Apparent bias. Whether Employment Tribunal had erred in failing to find that there was apparent bias where a member of the panel (the University Secretary) . .
Cited – Waltons and Morse v Dorrington EAT 19-May-1997
The employee had complained of her working conditions, particularly at having to work in an environment polluted by others smoking.
Held: The correct term to be implied into her contract of employment to deal with the complaint in this case, . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 24 July 2022; Ref: scu.209060