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Modified Grievance Procedures

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The EAT has, today, delivered a judgment considering the requirements of the modified grievance procedure. I believe this is the first appellate case dealing with the modified, rather than standard, grievance procedure.

HHJ Richardson held that the requirement in the modified procedure that the employee set out in writing "the grievance and the basis for it" meant that a grievance letter which simply identified an equal pay complaint (without identifying the category of comparator and the nature of the alleged disparity in pay) did not comply with the modified grievance procedure, notwithstanding it would have complied with the standard procedure.

He stated he reached that conclusion "with no great satisfaction", as it meant the Claimant was barred from access to the tribunal on a technicality. A factor which he considered important was that the employee had consented to the use of the modified grievance procedure (as is necessary, for the modified procedure to apply).

City of Bradford v Pratt