Grievance must cover all
by Sarah
We all know that the statutory dismissal and grievance procedures are under review and they have caused much controversy. Not least of all in the area of grievances as failing to submit a grievance within the requisite time period means that the Tribunal cannot hear your claim.
As a result the Tribunal have made a number of interesting decisions giving a very wide interpretation to what constitutes a grievance in order to allow employees to bring their claim before the Tribunal. Now a decision has been handed down by the EAT which whilst being common sense is more in favour of the employer.
In this case the EAT found that it goes too far to suggest an employer had knowledge arising from a meeting occuring after the date the grievance letter was sent. This meant that there was not a valid grievance letter in respect of sex discrimination. Whilst the Tribunal followed an earlier case which held that employers should take into account the factual background against which the grievance letter sent the Tribunal went to far in saying this included knowledge acquired after the event. You can read the decision of the EAT here
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