Tribunal’s approach too technical

Towergate London Market Ltd v Harris [2008] EWCA Civ 433; SJ 13 May p29

The employee was concerned that she had been selected unfairly for redundancy and wrote to the employer indicating that she wished to raise a formal grievance to that effect. When the employer declined to deal with the grievance because the employee had left its employment she presented a claim to the Employment Tribunal for unfair dismissal. Although the claim was within three months of the employer’s refusal to hear the grievance, it was well outside the three-month limitation period for the Employment Tribunal. The tribunal found that the employee’s letter amounted to a grievance rather than an appeal against the dismissal and therefore it did not trigger an extension of three months, pursuant to reg 15(2) of the 2004 regulations. In allowing the employee’s appeal against the refusal of extension of time, the Employment Appeals Tribunal held that the question was not whether the employee had lodged an appeal against her redundancy, but whether she believed on reasonable grounds that there was an ongoing procedure to enable her to challenge her dismissal.