Can a contemporaneous note made by an employer be considered as a written statement of grievance?

• Author:
• McDermott Will & Emery London Employment Group

Currently employees cannot generally make a Tribunal claim in respect of an issue to which the standard grievance procedure applies, if they have not first submitted a written statement of grievance to their employer.

In the recent case of Kennedy Scott Ltd v. Francis, the Employment Appeals Tribunal (EAT) held that an agreed contemporaneous note, taken by the employer, of a meeting at which the grievance was discussed was a written statement of grievance.

The facts

Mr Francis lodged Em... (515 more words)

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