EAT Jurisdictional Points : 2002 Act and Pre-Action Requirements – The Claimant complied with the early conciliation requirements of the Employment Tribunals Act 1996 section 18A. The Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014 apply. The Claimant had given ACAS the wrong name for his employer but the current address. When ACAS contacted the address the employer gave their name and entered into discussions. The ACAS certificate gave the wrong name supplied by the Claimant as did the ET1. The employer asked to be substituted as Respondent which the Employment Tribunal did. The Respondent then contended that the early conciliation requirements had not been complied with in relation to them. The Employment Tribunal dismissed their application that the claim be dismissed.
The Employment Tribunal did not err in holding that the early conciliation requirements had been complied with and that the claim against the substituted Respondent should not be dismissed for lack of jurisdiction. The Regulations apply to ‘prospective’ Claimants. Once a claim has been issued, as here, the Claimant is no longer a prospective Claimant. The Claimant had complied with the procedure in relation to the ‘the matter’ which is the same matter to which the substituted correct Respondent is Respondent. Drake International Systems Ltd and Others v Blue Arrow Ltd UKEAT/0282/15 applied.
Slade DBE J
[2016] UKEAT 0284 – 15 – 2203
Bailii
Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014
England and Wales
Employment
Leading Case
Updated: 11 November 2021; Ref: scu.562550
