South Kent College v. Hall [2007] UKEAT 0087_07_0207 (2 July 2007)

South Kent College v. Hall [2007] UKEAT 0087_07_0207 (2 July 2007)

The Tribunal erred in law in finding that the claimant was relieved from the obligation to raise a grievance under Regulation 6(5), as at the relevant stage the employer was not yet contemplating dismissal. The employer sufficiently raised the issue of compliance by indicating in the response form that no grievance had been raised. Therefore, the Tribunal should not have heard the case.

Citation
[2007] UKEAT 0087_07_0207
Parties
Claimant/respondent: Mr Hall; Respondent/appellant: The College
Jurisdiction
United Kingdom
Judgment Date
02 July 2007
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Decision on Unfair Dismissal Jurisdiction
Outcome
Appeal allowed; Tribunal's decision set aside
Legal Topics
Unfair Dismissal, Statutory Grievance Procedures, Jurisdiction, Constructive Dismissal
Employment Law Unfair Dismissal Statutory Grievance Procedures Jurisdiction Constructive Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Hall

Claimant/respondent

The College

Respondent/appellant

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Decision on Unfair Dismissal Jurisdiction

Legal Issues

  1. 1 Whether the Employment Tribunal had jurisdiction to hear the unfair dismissal claim given alleged non-compliance with statutory grievance procedures
  2. 2 Whether Regulation 6(5) of the Employment Act 2002 (Dispute Resolution) Regulations 2004 applied to relieve the claimant of the obligation to raise a grievance
  3. 3 Whether the employer sufficiently raised the issue of compliance with grievance procedures in the response

Ratio Decidendi

The Tribunal erred in law in finding that the claimant was relieved from the obligation to raise a grievance under Regulation 6(5), as at the relevant stage the employer was not yet contemplating dismissal. The employer sufficiently raised the issue of compliance by indicating in the response form that no grievance had been raised. Therefore, the Tribunal should not have heard the case.

Court Disposition

Appeal allowed; Tribunal's decision set aside

Orders

  • The finding of unfair dismissal is set aside
  • The Tribunal had no jurisdiction to hear the claim due to non-compliance with statutory grievance procedures