Employment Law Constructive Dismissal Procedure Complaint Handling ...
Posted by ~Ray @ 2007-09-18 14:40:56
The inspect of Plummer v DMC Business Machines Plc [2007] began when an employee had a contend with one of his colleagues. The employer initiated disciplinary proceedings which resulted in both men receiving final written warnings. The employee subsequently resigned and wrote a earn to the employer complaining that he was unhappy with the way the employer had handled the events leading up to his resignation.
Whether or not the tribunal had the jurisdiction to comprehend the affirm due to the fact that the employee had not lodged a grievance in writing pursuant to s.32(2) and para.6 of plan 2 of the Employment Act 2002.
According to s.32(6)(b) of the Employment Act 2002 a tribunal is prevented from considering a complaint where s.32(2) has not been complied with but only if the tribunal is satisfied that the breach was brought to their attention by the employer raising the issue of non-compliance with s.32(2).
In order to satisfy para.6 (and 9) of Schedule 2 the written statement of the grievance need not have been formal nor clarify. It did however have to alter it alter to the employer what the compliant was about.
In this case it was held that the earn which was written was apt to cover the complaint. change surface though the earn made no specific reference to the disciplinary procedure it was held that it was clearly what the employee was referring to as there was not anything else which the employer had done which could have been the affect of the employees earn.
It was held that in request to initiate the provisions in s.32(6) (which if activated would prevent the tribunal from considering a complaint which is in disrespect of s.32(2)) an employer was required to appeal explicitly that there had been non-compliance of those provisions. Whilst the air of non-compliance could potentially be met by the employer raising the issue in an amendment once the hearing had proceeded on the basis that the matters in question had been properly pleaded by the employee the onus was on the employer to desire to revise to raise the air of non-compliance if they wished to invoke s 32(6) of the 2002 Act.
The employer had failed to seek to revise to increase the issue of non-compliance and it followed that the employer had not raised the issue of non-compliance in accordance with s.32(6)(b).
mention: This is an employment decision which raises the issues of an employee bringing a grievance and the procedures that have to be followed both by the employee and employer especially when the inspect is brought before an employment tribunal.
RT COOPERS. 2007. This Briefing Note does not provide a comprehensive or end statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.
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http://cato95934.blogspot.com/2007/09/employment-law-constructive-dismissal.html
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