Grampian Health Board v Hewage - A claimant cannot pursue a case of which it has not given fair notice to the respondent [2009] EAT

Consultant Orthodontist Mrs Hewage was found by an employment tribunal to have been constructively unfairly dismissed, and to have suffered both sex and race discrimination - including in the way she had been dismissed. Grampian accepted that its dismissal of her had been unfair, but appealed against the discrimination findings.

The EAT considered the complex and lengthy background leading up to Mrs Hewage's resignation, which involved arguments over management posts, complaints about and investigations into bullying, complaints of breaches of a Dignity at Work policy, etc. However, while the tribunal had identified in some detail the matters which were of concern to Mrs Hewage when she resigned, it made no findings of fact that her resignation was attributable to her considering that she had been discriminated against. Furthermore, on the tribunal’s findings of fact, no mention of discrimination was made by her to Grampian prior to her resignation or at the time of her resignation. In fact it was only alleged much later, by the British Medical Association, when it submitted a letter of grievance to Grampian on behalf of Mrs Hewage.

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