Applicability of Grievance Procedures

The EAT have produced a useful reminder in terms of the applicability of the statutory grievance procedures. This case involved a claimant who had been dismissed and brought a claim of disability discrimination against his employer.

He applied for leave to amend his claim to include a claim for a failure to make reasonable adjustments. The Employment Tribunal refused leave to grant the amendment partly on the grounds that a statutory grievance had not been issued with respects to this part of the claim.

This was overuled by the EAT who held that where the act complained of results in dismissal then the statutory grievance procedures do not apply and there is no need to issue a stage one letter. What is interesting to note is that applying the existing authorities on this subject the extension of time limits normally applicable under the statutory grievance procedures do not apply either and as such claimants will be forced to bring their claims within the 3 month less one day time limits.

Maley v Post Office

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