In GAB Robins (UK) Ltd v Triggs EAT/0111/07, the EAT held that an employer's mishandling of its grievance procedure is not subject to a "range of reasonable responses" test where it is relied on only as the "last straw" in a constructive dismissal case. Where illness caused by breach of mutual trust and confidence culminating in constructive dismissal arises prior to the date of dismissal, post-dismissal loss of earnings due to continuing incapacity are recoverable in an unfair dismissal action.
Judith Harris, professional support lawyer at Addleshaw Goddard, outlines the latest legal rulings.
In Harris v Towergate London Market Ltd EAT/0090/07 the Employment Appeal Tribunal held that an employee who failed to appeal against dismissal but then sought to raise a grievance about her selection for redundancy reasonably believed when the original time limit expired that a dismissal procedure was still ongoing. Accordingly, her time limit for claiming unfair dismissal was extended by three months.
In Kennedy Scott Ltd v Francis EAT/0204/07 the Employment Appeal Tribunal held that the statutory requirement for an employee to lodge a written statement of grievance with the employer before presenting a complaint to tribunal was satisfied when an accurate written note of a grievance was made by the employee's manager at a meeting to discuss his concerns.
In Harris v Towergate London Market Ltd EAT/0090/07, the Employment Appeal Tribunal (EAT) has held that where an employee failed to appeal against her dismissal for redundancy, but then sought to raise a grievance, she reasonably believed that a procedure was ongoing when the original time limit for bringing a tribunal claim expired. The time limit was therefore extended by three months.
In Martins v (1) Bisset and (2) Castlehill Housing Association Ltd EATS/0022/06 & EATS/0023/06 the Employment Appeal Tribunal holds that the three-month time limit for presentation of a discrimination complaint against a fellow employee was not extended under the statutory dispute resolution provisions.
In Abbey National plc v Fairbrother EAT/0084/06, the Employment Appeal Tribunal (EAT) has held that, in the context of a constructive dismissal claim, the question that should be asked is whether the employer's actions during the grievance procedure fell within the range of reasonable responses.
This article, the second in a two-part series on disability discrimination, looks at some of the recent key disability discrimination judgments.
This week's case round-up from Eversheds, covering time limits and grievances.
In Lipscombe v Forestry Commission EAT/0191/06, the Employment Appeal Tribunal (EAT) has held that an employee satisfied step one of the statutory grievance procedure when he made a passing reference to a grievance in a resignation letter.
HR and legal information and guidance relating to grievances.