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Elhaeres v Chubb Security Personnel Ltd - Statutory grievance does not have to be put to employer only after resignation [2009] EAT

Mr Elhaeres brought claims of constructive dismissal, race and religious discrimination against his employers Chubb. An employment tribunal ruled that it had no jurisdiction to hear the claims, since they were barred by Employment Act 2002 sec 32(2). It held that Mr Elhaeres was required to have submitted a grievance in writing  to his employer 28 days before claiming at the tribunal: since Mr Elhaeres had confirmed in evidence that, since his resignation, he had had no contact with his employer, he had "on his own admission" not complied with this requirement. The claim must be dismissed. Mr Elhaeres appealed.

In the EAT HHJ Richardson described the reasoning of the tribunal judge as "short, to the point, and unfortunately wrong". The case contained time points - although Mr Elhaeres did not resign until January 2007, he had been raising complaints about his treatment in letters since 2005, even to the extent that Chubb held a greivance hearing in October 2006. 

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