06 August 2009
Shaw v Remploy Ltd [2009] All ER (D) 294 (Jul)
Regulation 15 of the Employment Act 2002 (Dispute Resolution) Regulations 2004 (SI 2004/752) encouraged grievance procedures to happen, but it was of utility only once.
It did nothing more than provide an extension of time from three to six months in an unfair dismissal case.
It did not depend upon there being a procedure in place, but only upon the reasonable belief in the mind of the employee.
It was limited to a moment in time, namely, the time the primary limitation period expired. If the claimant had that reasonable belief, she would get an extension of time in which to bring a claim.
It was plainly envisaged that three months was sufficient for any internal procedure to be exhausted.
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