Labour Research (December 2006)

Law Queries

Collective grievances

Q: We are in dispute with our employer about whether a pay rise applies to additional payments. We know that, if the case goes to a tribunal, the statutory grievance procedure will have to have been followed. If we raise a collective grievance (with individuals' names listed within it), will this meet the statutory requirements, or must each individual raise an individual grievance?

You can raise a collective grievance. Provided the union is recognised, Regulation 9 of the Employment Act 2002 (Dispute Resolution) Regulations 2004 states that an employee bringing a claim will be deemed to have complied with the statutory grievance procedures as long as the union rep has:

* written to the employer setting out the grievance, and

* specified in writing the names of the employees.


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