20 April 2007
Brock v Minerva Dental Ltd [2007] All ER (D) 280 (Jan) (EAT)
The statutory grievance procedure applies to claims of unfair dismissal based on constructive dismissal under s 95(1)(c) of the Employment Rights Act 1996.
It follows that, pursuant to s 32(2) of the Employment Act 2002, a claimant cannot present such a claim unless he has raised a step 1 grievance not less than 28 days before presenting his claim.
The engagement of the grievance procedure extends the time limit for the presentation of the claim by a further three months (r 15 of the Employment Act 2002 (Dispute Resolution) Regulations 2004, (SI 2004/752)).
