Q&As

If a company does not have a collective grievance policy, can two employees still bring a grievance together?

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Published on LexisPSL on 21/02/2017

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • If a company does not have a collective grievance policy, can two employees still bring a grievance together?

If a company does not have a collective grievance policy, can two employees still bring a grievance together?

Employers must include in the written particulars of employment a note of a person to whom the employee can submit a grievance, and the manner in which any the grievance should be submitted (section 3(1)(b) of the Employment Rights Act 1996). They should also bear in mind the importance of complying with the Acas Code of Practice on disciplinary and grievance procedures (see Practice Note: Acas disciplinary and grievance code—effect of non-compliance). There are otherwise no statutory requirements as to how grievances must be brought or dealt with.

It may be that a grievance is raised on behalf of two or more employees by representatives of a recognised trade union or other workplace representative. The Acas Code of Practice on disciplinary and grievance procedures does not apply to such grievances, and states that these should be handled in accordance with the employer’s collective grievance process (see Practice Note: Acas disciplinary and grievance code—procedural requirements—Grievance procedures, under the heading ‘Collective grievances not covered’).

The Acas Code does not address the issue of joint grievances being brought other than by trade union or other workplace

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