A table summarising the meaning of disciplinary and grievance hearings for the purpose of the right to be accompanied.
In Arnold & others v Sandwell Metropolitan Borough Council and other joined appeals EAT/0332/08, EAT/0365/08 and EAT/0366/08, in a departure from the Highland Council decision, the EAT held that, to confer jurisdiction on the employment tribunal in an equal pay case, it is sufficient for a grievance to state that an equal pay claim is being raised and for any subsequent tribunal claim to relate to equal pay.
This article examines the provisions of the new "Acas code of practice on disciplinary and grievance procedures", issued to take into account the repeal of the statutory dispute resolution procedures.
This week's case of the week, provided by DLA Piper, covers the statutory grievance procedures.
The Employment Appeal Tribunal has held that an employment tribunal was wrong to rely on previously submitted tribunal claim forms as statements of grievance, when deciding whether or not it had jurisdiction to hear constructive dismissal claims.
The Employment Appeal Tribunal has held that an employee who raised a grievance about her "pay" did not satisfy step one of the modified grievance procedure in relation to a complaint about her level of bonus payment.
In Claridge v Daler Rowney Ltd  IRLR 672, the EAT held that, although it is for the tribunal to determine whether or not an employer has committed a repudiatory breach of contract, the employer's handling of the grievance procedure will amount to such a breach only where it fell outside the range of reasonable responses open to the employer.
The Employment Appeal Tribunal has stressed that the statutory grievance procedures do not apply in cases where the dispute results in the employee's dismissal.
In Procek v Oakford Farms Ltd EAT/0049/08, the EAT held that a letter stating that a complaint was informal and not intended to invoke the statutory grievance procedure was a valid grievance under step one of the procedure.
In Towergate London Market Ltd v Harris  IRLR 536, the Court of Appeal held that the time limit for presentation of an unfair dismissal complaint was extended by three months for an employee who did not appeal against her dismissal, but subsequently raised a grievance about her selection for redundancy. At the point when the normal time limit expired, she reasonably believed that a dismissal procedure was ongoing.
HR and legal information and guidance relating to grievances.