Mark Warner Ltd v Aspland [2005] UKEAT 0531_05_0812 (8 December 2005)

Mark Warner Ltd v Aspland [2005] UKEAT 0531_05_0812 (8 December 2005)

The solicitor's correspondence satisfied the statutory grievance requirements under the Employment Act 2002 and the Tribunal Rules; the claim form provided the required information; the appeal fails as no error of law is established.

Citation
[2005] UKEAT 0531_05_0812
Parties
Claimant: Mrs Aspland; Respondent: Mark Warner Ltd
Jurisdiction
United Kingdom
Judgment Date
08 December 2005
Procedural Posture
Employment Appeal / Appeal Against Pre Hearing Review Judgment
Outcome
Appeal dismissed
Legal Topics
Statutory Grievance Procedure, Constructive Unfair Dismissal, Victimisation, Sex Discrimination, Employment Tribunal Procedure

Case Brief

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Parties

Mrs Aspland

Claimant

Mark Warner Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal Against Pre Hearing Review Judgment

  1. 1 Whether solicitor's letters constituted a statutory grievance under Employment Act 2002
  2. 2 Whether letters written by solicitor to respondent's solicitor satisfy statutory requirements
  3. 3 Whether 'without prejudice' correspondence can fulfil statutory grievance procedure

Ratio Decidendi

The solicitor's correspondence satisfied the statutory grievance requirements under the Employment Act 2002 and the Tribunal Rules; the claim form provided the required information; the appeal fails as no error of law is established.

Court Disposition

Appeal dismissed

Orders

  • Claimant's claims of constructive unfair dismissal and victimisation properly accepted by Tribunal
  • Statutory Grievance Procedure complied with