Buddy says: No. The statutory grievance procedures were intended to encourage the resolution of disputes arising between employers and employees and so do not apply to disputes between employees.

Employer information: This was decided in the recent case of Bisset v Clarice Martins and Castlehill Housing Association Ltd (UKEATS/0022/06/RN). As the statutory grievance procedures do not apply to disputes between employees, this in turn means that an employee can not rely on the extension of time provisions contained in regulation 15 of the Employment Act 2002 (Dispute Resolution) Regulations 2004 to extend the time limit for any claim against a fellow employee. Therefore, if a claim is lodged outside of the relevant 3 or 6 month period it will be time barred from proceeding, even if a 'grievance' has been raised about a fellow employee.

The case also raises important issues for claimants bringing joint claims against both employers and employees. The dispute resolution regulations will extend the time limit for presentation of any claims against an employer, however this will not be the case with regard to any claims against a fellow employee. This means that claimants will need to ensure that their joint claims are presented within the relevant three or six month time limit in order to prevent the claim against their fellow employee from being time barred.