The Employment Appeal Tribunal has held that equal pay claimants had not complied with step one of the statutory grievance procedure when the comparators specified in their grievances were substantially different from those in their tribunal claim.
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.
HR and legal information and guidance relating to grievances.