Tomlinson v Computer Software Group Ltd & Ors [2008] UKEAT 0352_08_1212 (12 December 2008)

Tomlinson v Computer Software Group Ltd & Ors [2008] UKEAT 0352_08_1212 (12 December 2008)

The effective date of termination was 27 December 2007, not 14 December 2007, but the Claimant still lacked the required one year of continuous service for an ordinary unfair dismissal claim. The Claimant's written complaints constituted valid step one grievances for statutory purposes. The issues of continuing act for age discrimination and protected disclosure detriment are to be determined at the substantive hearing.

Citation
[2008] UKEAT 0352_08_1212
Parties
Claimant/appellant: Mrs Tomlinson; First Respondent: Computer Software Group Ltd (CSG); Second Respondent (dismissed From Proceedings): Mr Neal Roberts; Third Respondent: IRIS Software Group Ltd (IRIS)
Jurisdiction
United Kingdom
Judgment Date
12 December 2008
Procedural Posture
Employment Appeal / Appeal From Pre Hearing Review (phr) Orders
Outcome
Appeal allowed in part; matter remitted for case management discussion and substantive hearing on surviving claims.
Legal Topics
Unfair Dismissal, Sex Discrimination, Age Discrimination, Victimisation, Harassment, Protected Disclosure (whistleblowing), Jurisdictional Time Limits, Statutory Grievance Procedure
Employment Law Unfair Dismissal Sex Discrimination Age Discrimination Victimisation Harassment Protected Disclosure (whistleblowing) Jurisdictional Time Limits +1 more

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Parties

Mrs Tomlinson

Claimant/appellant

Computer Software Group Ltd (CSG)

First Respondent

Mr Neal Roberts

Second Respondent (dismissed From Proceedings)

IRIS Software Group Ltd (IRIS)

Third Respondent

Procedural Posture

Employment Appeal / Appeal From Pre Hearing Review (phr) Orders

Legal Issues

  1. 1 Whether the claim for unfair dismissal was in time and met the qualifying period for continuous employment
  2. 2 Whether the statutory grievance procedure was complied with for sex discrimination and related claims
  3. 3 Whether the complaints of age discrimination and protected disclosure detriment were in time as continuing acts

Ratio Decidendi

The effective date of termination was 27 December 2007, not 14 December 2007, but the Claimant still lacked the required one year of continuous service for an ordinary unfair dismissal claim. The Claimant's written complaints constituted valid step one grievances for statutory purposes. The issues of continuing act for age discrimination and protected disclosure detriment are to be determined at the substantive hearing.

Court Disposition

Appeal allowed in part; matter remitted for case management discussion and substantive hearing on surviving claims.

Orders

  • Unfair dismissal claim (ordinary) remains struck out for lack of qualifying service.
  • Sex discrimination (including victimisation and harassment) and unlawful deductions claims to proceed to hearing.