Allen & Ors v Murdoch [2009] UKEAT 0361_09_0910 (9 October 2009)

Allen & Ors v Murdoch [2009] UKEAT 0361_09_0910 (9 October 2009)

Claims for redundancy payment and holiday pay arising from actual dismissal are excluded from the statutory grievance procedure by regulation 6(5) of the 2004 Regulations; claims for unpaid wages and pay in lieu of notice fall under breach of contract jurisdiction and are not subject to section 32 of the Employment...

Source-derived case information.

Citation
[2009] UKEAT 0361_09_0910
Parties
Appellants: Mesdames Allen, Barham and Palmer; Respondent: Mr Andy Murdoch
Jurisdiction
United Kingdom
Judgment Date
09 October 2009
Procedural Posture
Employment Tribunal Appeal / Appeal Against Pre Acceptance Rejection of Claims
Outcome
Appeal allowed
Legal Topics
Statutory Grievance Procedure, Redundancy Payment, Holiday Pay, Unpaid Wages, Jurisdiction of Employment Tribunal
Employment Law Statutory Grievance Procedure Redundancy Payment Holiday Pay Unpaid Wages Jurisdiction of Employment Tribunal

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Parties

Mesdames Allen, Barham and Palmer

Appellants

Mr Andy Murdoch

Respondent

Procedural Posture

Employment Tribunal Appeal / Appeal Against Pre Acceptance Rejection of Claims

Legal Issues

  1. 1 Whether statutory grievance procedure applies to claims for redundancy payment, holiday pay, and unpaid wages
  2. 2 Whether claims are justiciable in the Employment Tribunal without compliance with statutory grievance procedure

Ratio Decidendi

Claims for redundancy payment and holiday pay arising from actual dismissal are excluded from the statutory grievance procedure by regulation 6(5) of the 2004 Regulations; claims for unpaid wages and pay in lieu of notice fall under breach of contract jurisdiction and are not subject to section 32 of the Employment Act 2002. Therefore, all claims are justiciable in the Employment Tribunal without compliance with the statutory grievance procedure.

Court Disposition

Appeal allowed

Orders

  • All claims raised by the Claimants in their Form ET1 shall be accepted and adjudicated upon by the Employment Tribunal.