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Defining a grievance

Procek vs Oakford Farms Ltd.

UKEAT/0049/08

Key facts

Procek, a farm worker, raised an issue with his employer which he expressly stated was not a formal grievance and said that he would raise it formally if it was not properly dealt with by the Company. Having failed to follow up this threat, he later filed Tribunal proceedings.

Decision

The Tribunal ruled that Procek’s letter was a formal grievance, despite his own written statement to the contrary, and that he was therefore entitled to claim and also entitled to a 50% uplift in his award since the Company had failed to follow the Statutory procedures.

Our view

Repeal of the statutory grievance procedures and their replacement with the ACAS code of practice (see this month’s HR News) should make life easier in giving the Tribunal more latitude in deciding whether or not an employer’s actions are reasonable.