Shaw V B&W Group Ltd (Jurisdictional Points : 2002 Act and pre-action requirements) [2011] UKEAT 0110_10_2511 (25 January 2011)

Shaw V B&W Group Ltd (Jurisdictional Points : 2002 Act and pre-action requirements) [2011] UKEAT 0110_10_2511 (25 January 2011)

Regulation 15 applies to breach of contract claims under the Order as it is listed in Schedule 3 to the Employment Act 2002. The claimant's grievance regarding non-payment of six months' salary was distinct from the constructive dismissal grievance and did not fall within Regulation 6(5), so the time limit for the breach of contract claim was extended and the claim was in time. The grievance regarding constructive dismissal did fall within Regulation 6(5), so the time limit for the unfair dismissal claim was not extended. The Tribunal did not err in holding the unfair dismissal claim was out of time.

Citation
[2011] UKEAT 0110_10_2511
Parties
Appellant/claimant: Mr George Shaw; Respondent: B&W Group Ltd
Jurisdiction
United Kingdom
Judgment Date
25 January 2011
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Preliminary Hearing on Jurisdiction and Limitation
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Breach of Contract, Unfair Dismissal, Jurisdiction, Limitation Periods, Statutory Grievance Procedures, Territorial Jurisdiction
Employment Law Contract Law Breach of Contract Unfair Dismissal Jurisdiction Limitation Periods Statutory Grievance Procedures Territorial Jurisdiction

Case Brief

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Parties

Mr George Shaw

Appellant/claimant

B&W Group Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Preliminary Hearing on Jurisdiction and Limitation

Legal Issues

  1. 1 Whether Regulation 15 of the Employment Act 2002 (Dispute Resolution) Regulations applies to breach of contract claims under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994
  2. 2 Whether the statutory grievance procedure and time extension applies to the unfair dismissal claim
  3. 3 Whether the Employment Tribunal had territorial jurisdiction over the unfair dismissal claim

Ratio Decidendi

Regulation 15 applies to breach of contract claims under the Order as it is listed in Schedule 3 to the Employment Act 2002. The claimant's grievance regarding non-payment of six months' salary was distinct from the constructive dismissal grievance and did not fall within Regulation 6(5), so the time limit for the breach of contract claim was extended and the claim was in time. The grievance regarding constructive dismissal did fall within Regulation 6(5), so the time limit for the unfair dismissal claim was not extended. The Tribunal did not err in holding the unfair dismissal claim was out of time.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • Decision that the breach of contract claim was presented in time is substituted for the Tribunal's decision; claim remitted to the same Employment Tribunal for determination
  • Appeal from dismissal of the unfair dismissal claim is dismissed