Source: All England Reporter
Publisher Citation: [2008] All ER (D) 418 (Apr)
Neutral Citation: [2008] EWCA Civ 433
Court: Court of Appeal, Civil Division
Judge:

Ward, Keene and Wilson LJJ

Representation Daniel Matovu (instructed by Towergate Underwriting Group) for the employer.
  Andrew Short (instructed by Rowley Ashworth) for the employee.
Judgment Dates: 30 April 2008

Catchwords

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).

The Case

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.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.