Case notes: latest law reports
Summaries of case law reports added to HR & Compliance Centre in the past week.
Solicitor's letter satisfied step one of statutory grievance procedure In Mark Warner Ltd v Aspland [2006] IRLR 87 EAT, the Employment Appeal Tribunal held that an employee whose solicitor's correspondence to her employer's solicitor included complaints about the employer's failure to take disciplinary action against another employee who a tribunal had found to have bullied her had satisfied step one of the statutory standard grievance procedure. (IRS Employment Review)
Formal application for flexible working was step-one grievance In Commotion Ltd v Rutty [2006] IRLR 171 EAT, the Employment Appeal Tribunal has held that an employment tribunal was entitled to find that the submission of a request for flexible working under the statutory procedure after an informal request had been rejected amounted to the raising of a grievance for the purposes of step one of the standard statutory grievance procedure. (IRS Employment Review)
Equal pay questionnaire not 'statement of grievance' In Holc-Gale v Makers UK Ltd [2006] IRLR 178 EAT, the Employment Appeal Tribunal held that a questionnaire served on an employer under the Equal Pay Act 1970 did not constitute a statement of grievance for the purposes of step one of the statutory grievance procedure. (IRS Employment Review)
Solicitor's letter before action did not raise appeal In Piscitelli v Zilli Fish Ltd EAT/0638/05, the Employment Appeal Tribunal held that, on the facts of the case, a solicitor's letter did not raise an appeal against the employee's dismissal. It simply sought a cash settlement in respect of his potential tribunal claims. (IRS Employment Review)
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