Gill v Whitbread Plc [1998] UKEAT 183_98_0911 (9 November 1998)

There is at least a possibility of a material point of law regarding the inclusion of the grievance procedure in the contract and the status of the letter as a complaint, warranting a full hearing.

Citation: [1998] UKEAT 183_98_0911
Parties: Appellant: Unknown Appellant
Jurisdiction: United Kingdom
Judgment Date: 09 November 1998
Procedural Posture: Preliminary Hearing / Ex Parte
Outcome: Matter sent to a full hearing
Legal Topics: Grievance Procedure, Employment Contract, Preliminary Hearing

Employment Law Grievance Procedure Employment Contract Preliminary Hearing

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Parties

Unknown Appellant

Appellant

Procedural Posture

Preliminary Hearing / Ex Parte

Legal Issues

1 Whether the grievance procedure was part of the employee's contract
2 Whether a letter constituted a complaint under the grievance procedure

Ratio Decidendi

There is at least a possibility of a material point of law regarding the inclusion of the grievance procedure in the contract and the status of the letter as a complaint, warranting a full hearing.

Court Disposition

Matter sent to a full hearing

Orders

Request to Chairman for Notes of submissions and evidence regarding the grievance procedure clause and the letter of 19th December 1996