I have decided to launch a cheekiest legal argument of the year competition. Nominations happily received, but here's a starter...
An employee had trouble writing. The employer, rather than he, made a written note of his grievance for step 1 of the statutory grievance procedure.
The employer then argued that the statutory requirement to "set out the grievance in writing and send...a copy of it to the employer" was not fulfilled, and that therefore the employment tribunal had no power to hear his claims of race and sex discrimination.
Cox J., upholding the tribunal, refused to go along with this legalistic argument and the EAT thus permitted the claim to proceed.
Kennedy Scott Ltd v Francis
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