web updater summary
27 August 2008
|
|
emplaw.co.uk employment law web updater summary 27 August 2008 |
|
Summary Information : Maley v Royal Mail Group Ltd - statutory grievance procedures do not apply where dispute results in employee's dismissal - EAT 27.8.08 Mr Maley was dismissed by Royal Mail on 12 weeks notice on grounds of excessive absences from work. He said the absences resulted from dermatitis which could have been alleviated by the provision of a cotton uniform. He claimed unfair dismissal. He later applied to add a disability discrimination claim on the basis that Royal Mail had failed to make reasonable adjstments. An employment judge refused to allow the addition of the disability/reasonable adjustments claim on the basis that Mr Maley had not complied with the Statutory Grievance Procedures. Mr Maley appealed against that refusal. Mr Maley won. The EAT gave leave to add the disability/reasonable adjustments claim and remitted the case to the Employment Tribunal for hearing. The EAT pointed out that neither of the statutory grievance procedures applies where the grievance is that the employer had dismissed or is contemplating dismissing the employee. In this case there was no freestanding grievance which did not have dismissal at the heart of the complaint. Therefore neither of the statutory grievance procedures applied so the employment judge's decision was "plainly wrong". The EAT also rejected the Royal Mail's assertion that the additional claim was out of time. Facts set out in the original claim supported the additional claim and "the requirements of relevance, reason, justice and fairness inherent in all judicial discretions" persuaded the EAT that the time point should be decided in favour of Mr Maley. |