Bottomley & Others v Wakefield District Housing - where the TUPE regulations apply a grievance can meet the minimum statutory requirements if it is addressed to the transferor rather than transferee employer - EAT 8.1.08
Ms Bottomley and colleagues worked for Wakefield District Council until their employment was transferred by TUPE transfer in 2005 to WDH. In 2006, represented by equal pay specialist Stefan Cross, they brought Equal Pay claims. A statutory grievance was, in error, addressed to the Council. It cited comparators still employed by the Council. It was simply copied to WDH. An employment tribunal held that it had no jursidiction to hear the claims against WDH on the basis that the required statutory grievance procedures had not been complied with in respect of WDH. Ms Bottomley appealed.