Reported Cases

Arun Estate Agencies Ltd & Anor v Sheridan (2001) EAT 0829 01 1411 set a legal precedent when Claimant Monica Sheridan was able to claim a sex discrimination some five years after the discriminatory acts had occurred. Chairman David de Saxe used his discretion as Employment Chairman to allow an extension to the normal three month time limit in which to bring the claim. The discrimination was so serious that the Claimant had suffered a nervous breakdown and was considered too unwell to pursue her claim for the interim period. Elizabeth Vanbergen was instructed throughout.

Commotion Ltd v Rutty EAT on 13th October 2005 reported at [2006] ICR 290 (and also at [2006] IRLR 1 set a precedent clarifying the issue that an employee need not write a formal written grievance to an employer; provided the complaint is in writing and the issues complained of are apparent, the complaint will amount to a grievance. (This case law is somewhat redundant following the repeal of the statutory obligation to lodge a written grievance prior to submitting an employment tribunal claim). Elizabeth Vanbergen was instructed throughout.