When is a grievance letter truly a statutory grievance letter.

The first Employment Appeal Tribunal decision into statutory grievances and what constitutes a statutory grievance letter under the Employment Act 2002 has just been decided in the case of Thorpe & Soleil Investments v Poat & Lake.

The Employment Tribunal Appeal’s judgement made it clear that it is crucial to first decide whether the standard or modified grievance procedures apply. If the standard procedure applies then the grievance letter must “set out the grievance in writing”. However, if the modified procedure applies, the grievance letter must also set out “the basis for” the grievance, i.e. the grounds of the grievance as well as an outline of the grievance itself.

The Employment Appeal Tribunal clarified that this will influence whether the grievance letter then complies with the technical requirements needed for it to be a grievance letter under the Employment Act 2002.