Clyde Valley Housing Association Ltd v. MacAulay [2008] UKEAT 0045_07_0304 (3 April 2008)

Clyde Valley Housing Association Ltd v. MacAulay [2008] UKEAT 0045_07_0304 (3 April 2008)

The claimant's grievance letter did not set out the evidential basis for the grievance as required by the modified grievance procedure; without such compliance, the Tribunal had no jurisdiction to entertain the claim.

Source-derived case information.

Citation
[2008] UKEAT 0045_07_0304
Parties
Claimant: Margaret MacAulay; Respondent: Clyde Valley Housing Association
Jurisdiction
United Kingdom
Judgment Date
03 April 2008
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Judgment
Outcome
Appeal allowed; Tribunal judgment set aside; claim dismissed.
Legal Topics
Statutory Grievance Procedure, Modified Grievance Procedure, Constructive Dismissal, Disability Discrimination, Compliance With Employment Act 2002
Employment Law Statutory Grievance Procedure Modified Grievance Procedure Constructive Dismissal Disability Discrimination Compliance With Employment Act 2002

Source-derived case record

Summary, issues, holding and outcome

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Parties

Margaret MacAulay

Claimant

Clyde Valley Housing Association

Respondent

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the claimant's grievance letter complied with the requirements of the modified statutory grievance procedure under the Employment Act 2002, Schedule 2, Part I, Chapter 2
  2. 2 Whether the Employment Tribunal erred in law in finding that the grievance letter set out the 'basis' for the grievance

Ratio Decidendi

The claimant's grievance letter did not set out the evidential basis for the grievance as required by the modified grievance procedure; without such compliance, the Tribunal had no jurisdiction to entertain the claim.

Court Disposition

Appeal allowed; Tribunal judgment set aside; claim dismissed.

Orders

  • The appeal is upheld.
  • The judgment of the Employment Tribunal is set aside.