Constructive Dismissal - Grievance Required
by Philip
The EAT in Pinkus v Crime Reduction Initiative have held that employees do need to raise a grievance in writing in accordance with the Statutory Grievance Procedure before presenting a complaint of Unfair (Constructive) Dismissal. Previously this had been unclear as Constructive Dismissal is just Unfair Dismissal but instead of an express dismissal, the dismissal occurs by resignation in circumstances where the employer has committed a fundamental breach of contract. Therefore it was not clear whether the dismissal procedure or the grievance procedure applied. This means there is another ‘hurdle’ for employees bringing Unfair (Constructive) Dismissal claims. On the other hand, it means they get 6 months in which to claim rather than 3. Read about it here.
Similar Posts: