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England and Wales decisions
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The Employment Judge found no evidence of procedural irregularity, bias, or breach of trust and confidence in the grievance process. The managers involved were of appropriate seniority, and there was no breach of contract or error of law. The appeal was dismissed as the appellant failed to establish grounds for constructive dismissal.
Source excerpt
The Employment Appeal Tribunal held that a ÂŁ10,000 injury-to-feelings award was manifestly excessive and replaced it with ÂŁ2,000 plus interest.
The Employment Appeal Tribunal dismissed an appeal against findings rejecting race, disability-related and victimisation claims arising from a refusal of flexible working after a transfer.
The Privy Council held it had jurisdiction and dismissed the appeal, upholding the Industrial Court’s reinstatement and back-pay orders in the Riley dispute.
The Court of Appeal refused permission to appeal in a whistleblowing dispute, holding that a late grievance-procedure point could be raised if the claimant had a fair chance to respond.
Afolabi v London Borough of Barking & Dagenham [2015] EWCA Civ 1444 (01 December 2015)
Renewed permission to appeal was refused in a whistleblowing case about late reliance on failure to follow the grievance procedure.
Gaurilcikiene v Tesco Stores Ltd [2013] EWCA Civ 1612 (16 December 2013)
The Court of Appeal granted permission to appeal in a race discrimination case, concerned about whether Tesco’s late change of case was handled fairly by the tribunal.
The Court of Appeal held that grievance letters read together sufficiently raised protected-disclosure complaints, so the tribunal had jurisdiction and the appeal succeeded.
High Court judgment on claims by a dentist against her employer arising from grievance, disciplinary and dismissal processes, rejected in full.
The High Court quashed a medical referee’s decision that a police officer’s psychiatric injury arose in the execution of duty, and remitted the matter for rehearing.
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