Lipscombe v The Forestry Commission

Lipscombe v The Forestry Commission

The EAT was entitled to exercise its discretion to allow the new point to be taken on appeal because this was an exceptional case: the point went to jurisdiction, required no new evidence, the respondent was a litigant in person, and the relevant legal authorities had only recently clarified the law. The resignation letter satisfied the statutory requirement for a written grievance, and the ET had jurisdiction to hear the claim.

Parties
Respondent: Lipscombe; Appellant: The Forestry Commission
Jurisdiction
England and Wales
Judgment Date
09 May 2007
Procedural Posture
Appeal Employment / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Unfair Constructive Dismissal, Jurisdiction of Employment Tribunal, Grievance Procedures, Appeals New Points
Employment Law Unfair Constructive Dismissal Jurisdiction of Employment Tribunal Grievance Procedures Appeals New Points

Case Brief

Summary, issues, holding and outcome

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Parties

Lipscombe

Respondent

The Forestry Commission

Appellant

Procedural Posture

Appeal Employment / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a resignation letter can constitute a written grievance for statutory purposes under the Employment Act 2002
  2. 2 Whether the Employment Appeal Tribunal erred in allowing a new point to be taken on appeal
  3. 3 Whether exceptional circumstances existed to justify the EAT's exercise of discretion

Ratio Decidendi

The EAT was entitled to exercise its discretion to allow the new point to be taken on appeal because this was an exceptional case: the point went to jurisdiction, required no new evidence, the respondent was a litigant in person, and the relevant legal authorities had only recently clarified the law. The resignation letter satisfied the statutory requirement for a written grievance, and the ET had jurisdiction to hear the claim.

Court Disposition

Appeal dismissed

Orders

  • The decision of the Employment Appeal Tribunal is upheld
  • The Employment Tribunal has jurisdiction to hear Mr Lipscombe's claim for unfair constructive dismissal