Mackay v. Hanna (t/a Blakes Newsagents) [2007] UKEAT 0181_07_1105 (11 May 2007)
A claim for unfair dismissal on grounds of age discrimination does not require prior submission of a grievance under S32(2) Employment Act 2002 if the discrimination is not a freestanding complaint but relates to the dismissal itself.
- Citation
- [2007] UKEAT 0181_07_1105
- Parties
- Appellant: Appellant; Respondent: Respondent
- Jurisdiction
- United Kingdom
- Judgment Date
- 11 May 2007
- Procedural Posture
- Employment Appeal / Full Hearing of Appeal From Employment Tribunal Decision
- Outcome
- Appeal allowed in part
- Legal Topics
- Age Discrimination, Unfair Dismissal, Grievance Procedure, Holiday Pay, Part Time Working Regulations
Case Brief
Summary, issues, holding and outcome
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Parties
Appellant
Appellant
Respondent
Respondent
Procedural Posture
Employment Appeal / Full Hearing of Appeal From Employment Tribunal Decision
Legal Issues
- 1 Whether a grievance is required for a claim of unfair dismissal on grounds of age discrimination under S32(2) Employment Act 2002
- 2 Whether a claim for unpaid holiday pay requires a prior grievance submission
Ratio Decidendi
A claim for unfair dismissal on grounds of age discrimination does not require prior submission of a grievance under S32(2) Employment Act 2002 if the discrimination is not a freestanding complaint but relates to the dismissal itself.
Court Disposition
Appeal allowed in part
Orders
- Claim for unfair dismissal on grounds of age discrimination allowed to proceed without prior grievance.
- Claim for unpaid holiday pay requires a grievance and was properly rejected as premature.
Full Case Text
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