| Source: | All England Reporter |
| Publisher Citation: | [2007] All ER (D) 442 (Mar) |
| Court: | Employment Appeal Tribunal |
| Judge: | Judge McMullen QC, Mr D Norman and Mr P Parker |
| Representation | Alistair Hodge (instructed by Phillips Solicitors) for the employer. |
| The employee appeared in person. | |
| Judgment Dates: | 5 March 2007 |
Catchwords
Employment tribunal - Procedure - Decision - Employee lodging grievance against employer - Employee lodging claim form alleging constructive dismissal - Whether employee making claim in accordance with relevant legislation - Whether employee leaving 28 days before date for lodging claim form - , s 32 - Employment Tribunal (Constitution and Rules of Procedure) Regulations 2004, SI 2004/1861, Sch 1, r 1 - Civil Procedure Rules, SI 1998/3132, 2.8.
The Case
Employment tribunal Procedure. Civil Procedure Rules, , 2.8, provided a clear illustration of the rule on counting the 28 days which had to elapse between a grievance and a claim. A simple rule would therefore be that if a grievance was put in on a Monday one had to wait until the Tuesday four weeks later; in others words, 28 days plus a day before presenting a claim.
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