[Thanks to Saul Margo of
Outer Temple Chambers for preparing this case summary.]
Does regulation 9 (collective grievances) of the now defunct Employment Act 2002 (Dispute Resolution) Regulations 2004 have to be expressly or impliedly 'invoked' in order to have effect?
No, says the Court of Appeal in Birmingham City Council v Akhtar. It is sufficient that an appropriate representative has written to the employer setting out the grievance and the name of at least two employees on whose behalf he is raising it. Then the parties are treated as having complied with whichever of the standard or modified procedures applies.
The case signposts a partial escape route from the effects of City of Bradford v Pratt, in which the tribunal was held to be deprived of jurisdiction by the claimants' failure, having agreed to the modified grievance procedure, to set out the basis for their grievance.
Does regulation 9 (collective grievances) of the now defunct Employment Act 2002 (Dispute Resolution) Regulations 2004 have to be expressly or impliedly 'invoked' in order to have effect?
No, says the Court of Appeal in Birmingham City Council v Akhtar. It is sufficient that an appropriate representative has written to the employer setting out the grievance and the name of at least two employees on whose behalf he is raising it. Then the parties are treated as having complied with whichever of the standard or modified procedures applies.
The case signposts a partial escape route from the effects of City of Bradford v Pratt, in which the tribunal was held to be deprived of jurisdiction by the claimants' failure, having agreed to the modified grievance procedure, to set out the basis for their grievance.
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