Veitch Penny LLP - Exeter | Crediton, Devon

Case

Shergold -v- Fieldway Medical Centre
Employment Appeal Tribunal - (5 December 2005)

Issues

(1) Constructive dismissal
(2) Grievance
(3) The Employment Act (Dispute Resolution) Regulations 2004 ("the Regulations")

Facts

Ms Shergold made a claim against her employer, a medical practitioner, for constructive unfair dismissal. She had written to her former employer indicating she was unable to work under a particular manager. Her letter of resignation related to the problems she had experienced but didn’t ask for the letter to be treated as a grievance. She met with her employer to discuss her resignation and was told that she could raise a grievance, but chose not to do so.

At the Employment Tribunal her complaint was dismissed. The Tribunal found that it had no jurisdiction to hear her complaint because she had not complied with the requirements to raise a grievance under the Regulations. Ms Shergold appealed to the Employment Appeal Tribunal (EAT).

Decision

The EAT upheld the appeal. The EAT noted previous case law and the circumstances of the case and concluded that the requirement upon the employee to raise a grievance is low. It did not matter that the grievance was included within a letter of resignation. The employee was not required to state that they wanted to start the grievance procedure. The EAT stated that all that was required was for the content of the grievance letter and the subject matter of the claim to be broadly the same. The EAT stated that the legislation was in place to encourage conciliation and settlement. "Pernickety criticism" on the form of a letter would bar the employee from assistance and would be unjust.

Comments

This case has led to criticism from legal commentators and is likely to be subject to further case law. The practical effect of this decision for employers is that tribunals will now consider almost any complaint made in writing to be a grievance. Accordingly, employers must be careful to remember to initiate the grievance procedure when such correspondence is received.

Rachel Billen – Associate Solicitor, Commercial Department at Veitch Penny.
Tel: 01392 278381, Fax: 01392 410247, Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it