Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 158/07

CLAIMANT: William McKeown

RESPONDENT: Harry Ramsden's

DECISION ON A PRE-HEARING REVIEW

The decision of the tribunal is that the claimant is entitled to present claims of constructive dismissal, breach of contract and unlawful deductions from wages to the tribunal as he has complied with the requirement to send a grievance in writing to his employer.

Constitution of Tribunal:

Chairman (sitting alone): Mr D Buchanan

Appearances:

The claimant was represented by Ms A McManus, Solicitor, of Donnelly & Kinder, Solicitors.

The respondent was represented by Ms K Moore, Solicitor, of Tughans, Solicitors, as agents for Halliwells LLP, Solicitors.

1. By a claim presented to the Office of the Tribunals on 17 January 2007, the claimant brought claims in respect of constructive dismissal, breach of contract, and unlawful deductions from wages against the respondent. His employment with them ended on 23 October 2006.
2. The issue for determination by the tribunal was as follows:-

"Whether the claimant is entitled to present a claim to the industrial tribunals in view of the provisions of Article 19(2) and (3) of the Employment (Northern Ireland) Order 2003 regarding the requirement to send a grievance in writing to the employer and to wait 28 days before presenting a claim to the tribunal."

3. A letter of grievance dated 17 October 2006 and a follow-up letter dated 19 November 2006 were before the tribunal. It was not disputed that these constituted a grievance. However, the respondent disputed that the letters had been sent. It did, however, accept that the requirement on the claimant was to 'send' the grievance, and that there was no requirement for it to come to the respondent's attention.
4. I find from the evidence of the claimant, Mr McKeown, that he sent the grievance letters to the respondent by ordinary first class post. They were sent to the correct address of the respondent's Head Office, marked for the attention of the Personnel Officer dealing with the matter. His evidence was not seriously challenged by the respondent, and I have no reason to doubt him.

This being so, I am satisfied that he sent a grievance to the respondent, and that the tribunal has jurisdiction to hear his claims.

They will now be listed for hearing.

Chairman:

Date and place of hearing: 8 August 2007, Belfast

Date decision recorded in register and issued to parties: