Whitmore & Anor v. HM Prison Service [2003] UKEAT 1185_01_2703 (27 March 2003)

Whitmore & Anor v. HM Prison Service [2003] UKEAT 1185_01_2703 (27 March 2003)

The Tribunal erred in law in finding that raising a grievance was outside the scope of the employment contract. Raising a grievance is generally within the course of employment, and the Tribunal should have considered whether the manner in which the grievances were raised took them outside the scope of employment and whether this amounted to victimisation.

Citation
[2003] UKEAT 1185_01_2703
Parties
Appellants: Mr and Mrs Whitmore; Respondent: Prison Service
Jurisdiction
United Kingdom
Judgment Date
27 March 2003
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed in part and case remitted to the Employment Tribunal for further consideration.
Legal Topics
Victimisation, Grievance Procedures, Scope of Employment, Race Discrimination
Employment Law Discrimination Law Victimisation Grievance Procedures Scope of Employment Race Discrimination

Case Brief

Summary, issues, holding and outcome

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Parties

Mr and Mrs Whitmore

Appellants

Prison Service

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether raising a grievance is an act in the course of employment
  2. 2 Whether the Employment Tribunal erred in finding that Governors were not acting in the course of employment when submitting grievances
  3. 3 Whether the Respondent aided and abetted victimisation by investigating Governors' grievances

Ratio Decidendi

The Tribunal erred in law in finding that raising a grievance was outside the scope of the employment contract. Raising a grievance is generally within the course of employment, and the Tribunal should have considered whether the manner in which the grievances were raised took them outside the scope of employment and whether this amounted to victimisation.

Court Disposition

Appeal allowed in part and case remitted to the Employment Tribunal for further consideration.

Orders

  • Case remitted to the same Employment Tribunal to consider whether the Governors' grievances amounted to victimisation and whether the Respondent aided such victimisation.
  • Liberty to apply within fourteen days to amend the terms of remission.