What should tribunals do when an ET1 is presented without a grievance letter having been sent (or if the required 28 days has not elapsed)?
I understand, anecdotally, that a number of tribunals (including Croydon) are staying such claims, rather than rejecting them, to allow the Claimant to put in a grievance. This is purportedly on the grounds that rule 1(8) of the Employment Tribunal Procedure Rules allows them to do so.
Hoever, whilst having "considerably sympathy" with the practical adantages of this approach, Elias P. has held that tribunals do not have jurisdiction to stay claims when a grievance letter has not been sent (or 28 days not elapsed). The ET1s must be rejected.
London Borough of Hounslow v Miller