The claimant had submitted a grievance prior to his resignation, ie before the date of the termination of his employment. The employer argued that the grievance was out of time as it had been submitted before the normal three-month time period for bringing a claim for unfair dismissal.

The EAT decided that the grievance was lodged “within the normal time limit” even though this was before the limitation period started to run. The legislation was not concerned with a start date, only a date after which proceedings might not be brought. Employers should therefore be aware that grievances submitted before the time limit starts to run can still be admissible.

Lewisham London Borough Council