Under the old statutory procedure regime, a tribunal could not hear an employee's claim if they failed to properly raise a grievance and this was apparent from the ET1 or raised by the employer in accordance with tribunal rules. It had been suggested that the employer must allege non-compliance in the ET3, but the EAT has recently ruled that the employer can also raise it orally (eg at a case management discussion), as long as it does so before the tribunal considers the merits of the case. (Glasgow v Cross, EAT)