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Odukwe v The Partners of Hoare Lea Consulting Engineers - Statutory grievance procedures and extensions of time [2012] EAT

A claimant cannot rely on a dismissal (that a tribunal has already ruled it has no jurisdiction to consider) for the relevant date from which an extension of time under Reg 15 of the (now-repealed) statutory grievance procedures could be calculated. 

In August 2009, 5 months after his dismissal for redundancy, Mr Odukwe lodged an employment tribunal claim for race discrimination and unfair dismissal. His claim alleged that he had suffered many months discrimination, and clearly alleged that his dismissal was , itself, discriminatory. The free-standing unfair dismissal claim was dismissed for lack of one year's qualifying service, and the discrimination claim for failure to have made a statutory grievance - as was then required - in accordance with Employment Act 2002 sec 32

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