Cranwell v Cullen (Practice and Procedure: Preliminary Issues): EAT 20 Mar 2015

Practice and Procedure: Preliminary Issues. The claimant appealed against the dismissal of her claim on the basis that she had not first taken the matter to conciliation through ACAS. He claim was of sexual harrassment and she had an interdict to prevent the employer contacting her. The rule excluding such claims appeared strict, but the claimant argued for a discretion under rule 6.
Held: The appeal failed. The judge had no such discretion. The claimant might have approached ACAS, explained the situation, and expected ACAS to issue a certificate allowing the claim.

Langstaff P J
[2015] UKEAT 0046 – 14 – 2003
Employment Tribunals Act 1996 18A, Rules of Procedure Regulations 2014 3 6
England and Wales


Updated: 01 November 2021; Ref: scu.546431