Jurisdictional Points – Early conciliation provisions
The Employment Judge erred in law in:
(1) Examining the process prior to the grant of an early conciliation certificate in order to assess whether the Claimant was barred from instituting proceedings by section 18A(8) of the Employment Tribunals Act 1996.
(2) Holding that it was a mandatory requirement of an early conciliation certificate that it must name only one Respondent, such that the Claimant was barred from instituting proceedings by section 18A(8) of the Employment Tribunals Act 1996.
Science Warehouse Ltd v Mills [2016] ICR 252; Drake International Systems Ltd v Blue Arrow Ltd [2016] ICR 445; Mist v Derby Community Health Services NHS Trust [2016] ICR 543 and Compass Group UK and Ireland Ltd v Morgan [2017] ICR 73 considered and applied.
Judges:
David Richardson HHJ
Citations:
[2017] UKEAT 0305 – 16 – 1309, [2018] ICR D6
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Science Warehouse Ltd v Mills EAT 9-Oct-2015
EAT Practice and Procedure : Amendment – Amendment of an ET claim to add a new cause of action – ACAS Early Conciliation (Section 18A Employment Tribunals Act 1996 (as amended))
At a Preliminary Hearing, . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 30 March 2022; Ref: scu.595008
