S Pinkus v. Crime Reduction Initiative [2007] UKEAT 0528_06_3101 (31 January 2007)

S Pinkus v. Crime Reduction Initiative [2007] UKEAT 0528_06_3101 (31 January 2007)

The grievance procedures under the 2004 Regulations apply to constructive dismissal claims, and the time limit for presenting the claim was extended by Regulation 15 due to compliance with Schedule 2 requirements within the normal time limit.

Source-derived case information.

Citation
[2007] UKEAT 0528_06_3101
Parties
Appellant: Ms Pinkus; Respondent: Crime Reduction Initiative
Jurisdiction
United Kingdom
Judgment Date
31 January 2007
Procedural Posture
Employment Appeal / Appeal From Preliminary Issue Decision
Outcome
appeal allowed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Grievance Procedures, Limitation Periods
Employment Law Constructive Dismissal Unfair Dismissal Grievance Procedures Limitation Periods

Source-derived case record

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Parties

Ms Pinkus

Appellant

Crime Reduction Initiative

Respondent

Procedural Posture

Employment Appeal / Appeal From Preliminary Issue Decision

Legal Issues

  1. 1 Whether the claim for constructive unfair dismissal was presented within the statutory time limit
  2. 2 Whether the time limit was extended by operation of the Employment Act 2002 Dispute Resolution Regulations 2004

Ratio Decidendi

The grievance procedures under the 2004 Regulations apply to constructive dismissal claims, and the time limit for presenting the claim was extended by Regulation 15 due to compliance with Schedule 2 requirements within the normal time limit.

Court Disposition

appeal allowed

Orders

  • case remitted to Employment Tribunal at Brighton for hearing on merits