Veitch Penny LLP - Exeter | Crediton, Devon

Whilst the statutory grievance procedure has now been repealed, the new ACAS Code still deals with grievances as a mechanism for helping employers and employees to resolve grievances without recourse to the Tribunal.  Whilst an employee is not required to submit a grievance before bringing a claim, an employee may be awarded reduced compensation for failing to do so.  

In this case, the company sued the employee for breach of contract in the county court.  In her response, the employee counterclaimed indicating that she wished to bring an equal pay claim against the employer at the Employment Tribunal.

When she made her Tribunal claim, she relied on the county court proceedings as being her statement of grievance which was required in order that she may bring a claim. 

When the matter was reconsidered by the Employment Appeal Tribunal (EAT) it confirmed that a grievance raised in the context of litigation cannot be considered as a grievance for the purposes of the grievance procedure.

This Employment Law Article does not constitute legal or other professional advice and should not be relied on as such.  You should take specific advice regarding your circumstances before taking any action based on the information contained within this Article.