the relationship between the grievance and the claim

The case of Cannop & Others v Highland Council has recently been heard by the Court of Session in Scotland (“the Court”). The Court upheld the decision of the Employment Appeal Tribunal which found that, where a grievance is raised during the employee’s employment and a subsequent Tribunal claim results, there must be a material relationship between the content of the grievance and the subject matter of the claim brought to the Employment Tribunal.

The Court found that the grievance and the claim should “not be materially different” and that the substance of the claim must be raised in writing. The Court did, however, acknowledge that, in most cases, a grievance letter will have been prepared by the employee without legal advice and this should be taken into account when comparing the grievance letter to the claim form and should not be interpreted in such a way as to make bringing a claim difficult or prohibitive to employees.

Where necessary, facts leading up to or following the grievance should be used to interpret the exact nature and scope of the grievance.