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
Legal Issues
- 1 Whether solicitor's letters constituted a statutory grievance under Employment Act 2002
- 2 Whether letters written by solicitor to respondent's solicitor satisfy statutory requirements
- 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
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