Collective grievance

Tribunal claims will be invalid unless the individuals who bring them have been named in a collective grievance, the Employment Appeal Tribunal (EAT) has held.

But the EAT also criticised the statutory grievance rules, which barred 11 workers from pursuing age discrimination claims because they had issued age discrimination questionnaires (which do not constitute a “grievance” under the rules) but were not on the original list of workers who were named in the collective grievance.

Other individuals had indicated when issuing their questionnaires that they wished to be included in the grievance. They were allowed to pursue their claims.

Alitalia Airport Spa v Akrif & others UKEAT/0546/07