||All England Reporter
|| All ER (D) 418 (Apr)
|| EWCA Civ 433
||Court of Appeal, Civil Division
Ward, Keene and Wilson LJJ
||Daniel Matovu (instructed by Towergate Underwriting Group) for the employer.
||Andrew Short (instructed by Rowley Ashworth) for the employee.
||30 April 2008
Unfair dismissal - Procedure relating to dismissal - Grievance procedure - Employee sending employer grievance letter following dismissal - Employer not dealing with grievance - Employment tribunal finding letter not constituting an appeal against dismissal - Tribunal finding claim time barred - Employee appealing - Employment Appeal Tribunal allowing employee's appeal - Whether EAT adopting correct approach - (Dispute Resolution) Regulations 2004, SI 2004/752, regs 6(5), 15(1), (2).
In the instant case, it had been open to the EAT to hold that reg15 of the (Dispute Resolution) Regulations 2004, had been satisfied on the evidence. The chairman in the employment tribunal had wrongly focused his attention primarily on whether the employee's letter, purporting to raise a grievance after she had been made redundant, was an appeal or a grievance. Whether it was a grievance or an appeal was not the issue. The issue was whether the employee reasonably believed that a dismissal procedure of some kind was being followed in respect of redundancy and dismissal.
- An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports