The Employment Act 2002 (Dispute Resolution) Regulations 2004

Circumstances in which parties are treated as complying with the grievance procedures

8.—(1) Where—

(a) the standard grievance procedure is the applicable statutory procedure,

(b) the employee has ceased to be employed by the employer,

(c) paragraph 6 of Schedule 2 has been complied with (whether before or after the end of his employment); and

(d) since the end of his employment it has ceased to be reasonably practicable for the employee, or his employer, to comply with the requirements of paragraph 7 or 8 of Schedule 2,

the parties shall be treated, subject to paragraph (2), as having complied with such of those paragraphs of Schedule 2 as have not been complied with.

(2) In a case where paragraph (1) applies and the requirements of paragraphs 7(1) to (3) of Schedule 2 have been complied with but the requirement in paragraph 7(4) of Schedule 2 has not, the employer shall be treated as having failed to comply with paragraph 7(4) unless he informs the employee in writing of his decision as to his response to the grievance.