Q&As

What happens when a claim is submitted to the Employment Tribunal before the conclusion of an internal grievance procedure?

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Published on LexisPSL on 08/09/2016

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • What happens when a claim is submitted to the Employment Tribunal before the conclusion of an internal grievance procedure?
  • Effect on the employment tribunal claim and process
  • Effect on the grievance procedure
  • Implied contractual terms
  • The Acas Code

Effect on the employment tribunal claim and process

There is no requirement for a claimant to wait until a grievance procedure is completed before bringing an employment tribunal claim.

Claims in the employment tribunal are required to be brought within certain time limits (the nature of the claim will determine the time limit and the relevant date from which time starts to run). A claimant will, therefore, want to ensure they comply with the relevant time limits for bringing a claim, including complying with the requirement for early conciliation, which applies to most claims. Compliance with an internal procedure, such a grievance procedure, will generally not affect the relevant date from which time starts to run for time limit purposes.

If a claim is presented late, and the claimant's reason for presenting it late is because they were waiting for the completion of the internal procedures, an employment tribunal may take this into account when deciding whether or not to grant an extension of time for just and equitable reasons, ie the test that applies to claims under the Equality Act 2010 (EqA 2010). It is, however, only one factor to be considered among others, and not determinative in and of itself.

For further information, see Practice Note: Time limits for presenting employment tribunal claims.

In relation to the submission of the respondent's ET3, response form, the normal time

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