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Allen v Secretary of State for Work & Pensions (JobCentre Plus) - Grievances were not "extant" so claim could not proceed [2010] EAT

The circumstances in which, under the (now-defunct) statutory grievance procedures, a tribunal will either have or lack jurisdiction when a grievance was raised some time before the tribunal claim.

Miss Allen claimed disability discrimination, by way of failure to make reasonable adjustments for her disability (bipolar disorder). Issues arose over whether statutory grievance procedures had been complied with (some "grievances" were either closed or non-existent")and whether all or part of the claim was in time. At a Pre-Hearing Review (PHR), an Employment Judge (EJ) concluded that the matters complained of (which went back to 2003) were a number of disparate acts, and not episodes in a series forming one act of discrimination. Nothing in Miss Allen's "strictures" against DWP prior to March 2007 amounted to an extant grievance, so only those matters the subject of grievances after that date could proceed.

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