Another example concerned an employee who had lodged a formal flexible working request in writing following a refusal to grant a request informally. The EAT decided that the refusal to work flexibly was unreasonable and a breach of trust and confidence. Even though the employee had resigned, the formal flexible working request was deemed to have constituted a grievance (Commotion Ltd v Rutty EAT).

A resignation letter containing a general written complaint is enough to allow a claim for unfair constructive dismissal to proceed (Shergold v Fieldway Medical Cenre EAT). A letter threatening resignation unless complaints were resolved was also deemed to be sufficient to allow a claim for constructive dismissal to be heard (Galaxy Showers Ltd v Wilson EAT).

In a further case an employee resigned and claimed constructive dismissal after her solicitor wrote a letter of complaint to the employer on her behalf. It was held that the employee's agent had submitted a grievance on her behalf (Mark Warner Ltd v Aspland EAT). Similarly, a solicitor's letter threatening legal action, headed "without prejudice" and claiming financial compensation was also held to be a grievance letter (Arnold Clark Automobiles v Stewart EAT). 

What the above examples show us is that in order to get over the statutory grievance hurdle an employee, or their agent, has only to raise a written complaint in some form or another in order to have their case heard at a tribunal. Where an employer makes decisions that go against an employee's wishes, they must be on their guard.