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Coming off the rails

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12 July 2007 / Elliot Gold , Alastair Hodge
Issue: 7281 / Categories: Features , Employment
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Flaws in statutory grievance and disciplinary procedures mean cases may have to be reheard, say Alastair Hodge and Elliot Gold

Lawyers and judges, one presumes, take the train just like everyone else. So we should all know how complicated and awkward the ticket system can be. It is easy to know where one wants to go. Finding the right ticket to ride, however, can be another matter. With this thought in mind, Parliament, in its wisdom, appears to have brought the same simplicity and elegance to the employment tribunals in the form of the statutory grievance and disciplinary procedures. We all know that a claimant wants to take the train to the tribunal. The problem, however, is which of the various types of ticket they have to purchase. And also, whether the government is trying to price them off the trains altogether.

Lawrence v Prison Service
 

In Lawrence v Prison Service [2007] UKEAT/630/06, the Employment Appeal Tribunal (EAT) started its judgment by declaring that the appeal raised “yet again a problem

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