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 claims alleging discrimination by reason of having made protected disclosures because the employee had failed to comply with the statutory grievance procedures. The EAT held that where a grievance is raised referring to the decision to initiate disciplinary procedures, it will relate also to disciplinary steps taken in the course of carrying out the disciplinary process. To that extent, therefore, the appeal succeeded.
Elias P
[2008] UKEAT 0300 – 08 – 2810
Bailii
Employment Act 2002
England and Wales
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 . .
Cited by:
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 . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 02 November 2021; Ref: scu.277303