More Problems with the Statutory Grievance Procedure!
by Philip
The draftsmen responsible for the Statutory Grievance Procedures must have broad shoulders. The EAT have once again criticised the Procedure in Lawrence v HM Prison Service. The case concerned an employee who was dismissed and brought a claim for unfair dismissal and disability discrimination. He did not raise a grievance about the disability discrimination. The EAT held that he did not have to do so. The Grievances Procedure contains an exception to the general rule that employees need to raise a grievance about disability discrimination in circumstances where the act of discrimination is dismissal. The case has two important ramifications. Firstly, employees do not need to raise a grievance before bring a dismissal related DDA claim. Secondly, employees must present a complaint of dismissal related disability discrimination within the standard three month limitation period. The extension to six months does not apply to such claims.
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