Ruling on statutory grievances

A letter of resignation can amount to a statutory grievance statement, the EAT has said.

Under the Employment Act 2002, employees cannot pursue tribunal claims unless they have previously raised a grievance with the employer. Having recently considered three cases where employees resigned because of alleged breaches of contract by their employers, the EAT has summarised its views in Shergold v Fieldway Medical Centre (UKEAT/0487/05):

* the only requirement is that the statement must be in writing - it does not have to take a particular form or state that it is a grievance;

* it does not matter that the grievance is also a resignation - there is nothing to stop it "doubling up";

* the employee does not have to comply for these purposes with any contractual procedure - so s/he can still bring a claim if s/he sent the statement to someone other than the person named in the employer's grievance policy;

* the grievance does not need to specify all the details as long as it is about the same complaint; and

* it does not matter whether the employer has had the opportunity to respond to the grievance.