Excel Management Ltd v Lumb - Statutory grievance procedures [2006] EAT

The law provides that where the statutory grievance procedures apply an employee may not lodge a claim with an employment tribunal until at least 28 days have elapsed since lodging a grievance with the employer (Employment Act 2002 s.32(3)(b)). Presumably by drafting oversight, the wording means that the full 28 days must elapse even if during that time the employer has held a meeting with the employee and has formally dismissed the grievance - a tribunal simply has no jurisdiction to entertain a claim which is lodged prematurely.