In the Courts - Employment

October 2008

Grievance procedure error loses claim...

Margaret MacCaulay had resigned from her employment with Clyde Valley Housing Association Ltd, claiming unfair constructive dismissal and disability discrimination. Her employers appealed against an earlier decision of the employment tribunal that she had complied with the requirements of the modified grievance procedure set out in Sch 2 para 9 Employment Act 2002. Her letter, containing general allegations, was from her solicitors but there were no precise details of the actual incidents complained of, and there was no response when these were later requested in writing. The tribunal had not only ruled that the grievance letter had provided the necessary information but had also considered an additional document attached to the claimant’s ET1 form. In addition the tribunal had also relied on s 31 of the EA 2002 where the employer could have any award made by the tribunal reduced. The employers appealed.

The EAT allowed the appeal, ruling that the employment tribunal had ‘no power to entertain the claim’ on grounds that the claimant had failed to comply with requirements of the modified grievance procedure. Lady Smith added: ‘The tribunal… wrongly considered that the provisions of s 313 should have a bearing on its conclusion as to whether or not the claimant had complied with the MGP.’

Clyde Valley Housing Association v M MacCaulay [2008]

EAT 3 April 2008

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In the Courts - Employment