The EAT has made a welcome decision regarding the Grievance Procedures (GP's). These procedures were introduced with the aim of compelling employees to seek an agreed resolution to problems encountered with an employer, without needing recourse to a tribunal.
This would take pressure off an already overstretched tribunal system.
The problem is, that the GP's only seem to make cases more complicated, without achieving the aim of resolving disputes at an early date, and before litigation is needed. The GP's are often just seen as another hurdle on the way to tribunal.
A number of decisions regarding the GP's and Dismissal and Disciplinary Procedures(DDP's) seem to have had the effect of limiting their extent. (It is no secret that judges see the the GP's & DDP's as ineffective and as yet another encumbrance).
The latest question that the EAT has dealt with is whether the statutory grievance procedures apply with regard to causes of action apart from unfair dismissal, but when claim is mainly regarding the dismissal.
With regard to the law,
Regulation 6(5) of the Employment Act 2002 (Dispute Resolution) Regulations 2004 is relevant. This provides that the grievance procedures do not apply where the grievance is that the employer has dismissed the employee.
Until now it has been unclear whether that regulation applies where the complaint is one of discrimination for example. This would be despite the fact of the dismissal.
The EAT has now decided that the grievance procedure would not apply here.
From now on, if an employee claims discrimination arising from a dismissal, a step 1 grievance letter does not need to be lodged and
the three month extension of time under regulation 15(3) does not apply.
So, if you've been dismissed for what you believe to be discriminatory reasons:
1) get your case going within the 3 month deadline.
2)You no longer need to go through the Grievance Procedure rigmarole.
© Workrep 29 / 03 / 2007