Written grievance

Case 7: The facts

Mr Lawrence was dismissed and brought claims of unfair dismissal and disability discrimination, alleging that the dismissal itself was an act of discrimination. He had not submitted a written grievance. The statutory grievance procedures do not apply to dismissal claims, but the issue in this appeal was whether they applied to Lawrence's disability discrimination claim.

The ruling

The Employment Appeal Tribunal (EAT) held that Lawrence did not have to submit a grievance regarding the disability discrimination, as it was part and parcel of the same claim. In unfair dismissals, the EAT said, the employee does not have to raise a separate grievance relating to the particular grounds on which the dismissal is allegedly unlawful.

Lawrence v HM Prison Service EAT/0630/06