Labour Research (August 2007)

Law Queries

Statutory grievance

Q: I left my job because I was bullied by my manager and my employer did nothing about it. I raised a written grievance while I was still working there and my employer held a meeting but rejected it. Now that I have left, do I have to put in a new grievance before I can claim constructive dismissal?

A: As long as your grievance was about the bullying, and that was the reason for your resignation, there is no need to submit another grievance. In the case of LB Lewisham v Colbourne EAT/0339/06, the Employment Appeal Tribunal ruled that constructive dismissal claimants only need to complain about the employer's conduct that led to their resignation - not about the constructive dismissal itself - in order to meet the statutory requirements.


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