Employment Law

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)).