21-05-2008
Modified Grievance Procedure
The Appeal Tribunal in the case of Clyde Valley Housing Association v McAulay is another step in the direction of what employers will see as common sense.
The Claimant resigned and claimed constructive dismissal and disability discrimination. At the Tribunal it was agreed that the modified statutory procedure applied and so the Claimant’s solicitors wrote to the employer setting out a number of allegations.
The employer wrote back saying they needed more detail and clarification on some of the points. This detail and clarification was not provided. Therefore, the employer said they could not address the grievance.
The EAT confirmed that setting out in writing the basis for the grievance was a threshold condition and a written statement must contain the answers to the essential questions of Who? What? Where? When? Why?
The employee had not complied with the statutory procedure requirements and therefore the Tribunal could not entertain the claim.
The Claimant resigned and claimed constructive dismissal and disability discrimination. At the Tribunal it was agreed that the modified statutory procedure applied and so the Claimant’s solicitors wrote to the employer setting out a number of allegations.
The employer wrote back saying they needed more detail and clarification on some of the points. This detail and clarification was not provided. Therefore, the employer said they could not address the grievance.
The EAT confirmed that setting out in writing the basis for the grievance was a threshold condition and a written statement must contain the answers to the essential questions of Who? What? Where? When? Why?
The employee had not complied with the statutory procedure requirements and therefore the Tribunal could not entertain the claim.
