EAT Jurisdictional Points – 2002 Act and pre-action requirements
Statutory Discipline and Grievance Procedures – Whether infringed
Practice and Procedure – Compromise
The Employment Judge wrongly held that two letters written by the Claimant did not constitute a grievance corresponding to the claim made to the ET. The judgment was set aside as there was clear linkage and the Employment Judge had wrongly considered, as context, material after the letter – an invalid compromise – as being fatal to the Claimant’s continuing intention to pursue a grievance. The focus is on what was written and the material available before and at that time so as to put the employer on notice that a grievance was presented. An offer to settle in a Step 1 grievance does not invalidate it. ACAS conciliation directed.
Citations:
[2007] UKEAT 0391 – 07 – 0312
Links:
Citing:
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
Updated: 14 July 2022; Ref: scu.266657