When Grumbling Becomes A Grievance

Section 32 of the Employment Act 2002 requires that a complaint cannot be presented to the Employment Tribunal unless the Claimant has presented a written grievance to their Employer and waited 28 days before commencing any proceedings.

The statutory rules do not provide for any particular form in which the grievance must be made. As a result, there have been a raft of cases since the new statutory rules came into force in October 2004 considering the issue as to whether a grievance has been made. The recent case of Arnold Clark Automobiles Limited v Stewart & Anor is the latest in a line of cases considering this question.

Prior to instituting his claim, Mr Stewart's solicitors sent a letter to the company detailing the ways in which it was alleged that the company had breached Mr Stewart's contract of employment. The letter was marked "without prejudice" and finished by intimating that if the company did not confirm their acceptance of Mr Stewart's financial proposals within