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case Lambros V Cyprus Airways Ltd [2007], the employee who alleged that he was constructively unfairly dismissed. The employee was employed by Cyprian Tours Ltd (“Cyprian”), a subsidiary of the employer. An employee was hired as a computer operator of 23 January 1989. However, from May 1, 2003, he also worked for the employer.
In June 2004, all employees were informed that in the next three to four months Cyprian would cease trading. Employees who had not received written his employment by the employer, request a written contract.
bookkeeper employer notified the employee Accounts Manager would be transferred to its payroll from 1 October. On 27 September, an employee sent an email to the Secretary, seek an official explanation for his transfer. After learning that his P45 had been issued owing to their company, the employee requested a copy. His request was initially rejected, although it was available to him on 24 September.
On September 30, he sent an email to directors and accountants that he was seeking legal advice because of the failure to clarify his employment. After he sent the email, he did not return to work. He appealed the employment tribunal claiming constructive unfair dismissal. He alleged that four issues had caused him to go.
The Court considered that it had jurisdiction to determine only claims that had formed in the mind of the employee when he had decided to go on September 30th. This was the only requirement in this regard, the grievance had been presented in the form of emails, ie those based on assumptions and conditions of employment.
The employer appealed.
An issue raised as to whether the employee had failed to present the grievance for constructive unfair dismissal as required by the Employment Act 2002 (Dispute Settlement) Regulations 2004.
The appeal would be allowed.
It was held that the dismissal claims were not subject to the condition that they went grievance unless they were for constructive dismissal. What had to emerge as a grievance was the same complaint that the employee tried to have decided to court.
In this case, the very limited extent that had been allowed to proceed with the tribunal had been wrong. The only basis on which the claimant had received through the side of the hearing constructive unfair dismissal of his claim, the trusted email. The complaint sought to establish before the court was that the employer had considered a contract not to be binding. The first mail there had been mention of the dispute over the exact terms and conditions of employment. However, in the previous email there had been no sign that the employee understood his contract as invalid or that he would take steps to go. It followed that it was not the same complaint which was presented to the court and it would be wrong to allow the part of the case to go forward.
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© RT COOPERS, 2007. This Briefing Note does not provide a comprehensive or complete statement of the law on issues discussed nor does it include legal advice. It is intended to highlight general issues. Always sought expert legal advice in relation to certain conditions.
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