Duffy v Brown [2007] NIIT 715_06 (13 March 2007)

Duffy v Brown [2007] NIIT 715_06 (13 March 2007)

The claimant failed to comply with the statutory requirement to present a written grievance to the employer before instituting tribunal proceedings; therefore, the claim is precluded and must be dismissed.

Citation
[2007] NIIT 715_06
Parties
Claimant: Gerard Duffy; Respondent: Robert Brown
Jurisdiction
Northern Ireland
Judgment Date
13 March 2007
Procedural Posture
Employment Tribunal / Final Decision
Outcome
claim dismissed
Legal Topics
Constructive Dismissal, Grievance Procedure, TUPE, Employment Rights
Employment Law Constructive Dismissal Grievance Procedure TUPE Employment Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Gerard Duffy

Claimant

Robert Brown

Respondent

Procedural Posture

Employment Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant complied with statutory grievance procedures before bringing a claim
  2. 2 Whether there was a relevant transfer under TUPE

Ratio Decidendi

The claimant failed to comply with the statutory requirement to present a written grievance to the employer before instituting tribunal proceedings; therefore, the claim is precluded and must be dismissed.

Court Disposition

claim dismissed