A woman whose employment was terminated on 31st October 2005 raised a formal grievance on 25th January 2006 on the grounds that the redundancy assessment criteria were unfair. The ordinary three-month time limit to present a claim expired on 30th January 2006. On 31st January 2006 her “employer” replied stating that they would not deal with Mrs Harris's grievance as she was no longer an employee. She then presented an unfair dismissal claim on 29th April 2006. At a preliminary hearing to decide whether her claim had been presented in time, she argued that her formal grievance was in reality an appeal from her dismissal. However, the tribunal held that she had not appealed but had raised a grievance and therefore Regulation 15 did not apply and so her claim was therefore out of time. EAT held that Regulation 15 required a tribunal to ask itself two questions: 1) Did the employee have a reasonable belief that "a dismissal or disciplinary procedure, whether statutory or otherwise" was being followed? 2) If so, were there reasonable grounds for that belief? The employment judge had erred in law in focusing on whether she had raised an appeal or grievance and by not asking the questions required by Regulation 15. Whilst employment lawyers understand the distinction between an appeal and grievance, employees do not have a "ready grasp of these arcane mysteries".
TLT Solicitors