Burns v Killgerm

Giles Ward, Killgerms company solicitor, successfully defended an equal pay claim for £ 40, 000 from their former HumanResources Manager and successfully fought off the appeal.

In short after being sued for breach of contract, Ms Burns counter-claimed in the County Court, explaining in that claim that she wished to pursue an equal pay claim in the Employment Tribunal. The ET claim was launched, and successfully defended by us - the ET holding that the claimant could not rely on her county court pleadings as constituting the required statement of grievance.

On appeal, the EAT confirmed the position that a grievance raised in the context of litigation cannot reasonably be regarded as a complaint for the purpose of the statutory grievance procedure.

Read the full case here (pdf)

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