Statutory Grievance Procedure

The EAT in ODOEMELAM v THE WHITTINGTON HOSPITAL NHS TRUST have confirmed that in respect of discrimination claims made against another employee (the perpetrator of discrimination), as distinct from claims against an employer, the employee making the claim does not need to raise a grievance against the perpetrator in order to make a claim against the perpetrator.

Contrast this with the position where the claim is made against the employer because the employer can be vicariously liable for the actions of its employees. In this situation, it would be necessary for the employee to raise a grievance about the same conduct of the same employees. It is therefore essential to identify the correct “target” for a claim in order to avoid falling foul of the procedural vagaries of the Employment Act 2002.