Employment Tribunal Claims – It’s All In The Detail.

ACAS Early Conciliation (EC)

Are you considering bringing an Employment Tribunal Claim?

If so, make sure you don’t miss an important step.

The case of Pryce v BaxterStorey Ltd, which has now been to the Employment Appeal Tribunal (EAT), highlights a required step in the process. Miss Pryce, the Claimant, had not obtained an ACAS Early Conciliation Certificate before submitting her Employment Tribunal Claim on her ET1 form.

The Claimant went on to provide an Early Conciliation Certificate (ECC) after submission of her ET1, having ticked the box on the ET1 stating that she did not have an ECC, asking for the ECC to be added to the claim.

The EAT has upheld the original employment tribunal’s decision that it did not have jurisdiction to hear the Claimant’s sex and race discrimination claims as the ET1 had been submitted prior to obtaining the ECC and the Claimant’s email submitting the ECC did not meet the requirements for re-presentation.

What this case shows is that, ultimately, if you have a potential claim you must go through EC (in nearly every instance) prior to submitting your ET1 on the prescribed form. It would however be wise to contact ACAS in every instance for certainty. If you do not follow this process it is likely that your claim will be “booted out”.

If you need any assistance in relation to any employment matters please contact our Employment Team.