Court of Appeal clarifies consequences of failure to comply with early conciliation requirements

In Reynolds v Abel Estate Agent Ltd [2025] EWCA Civ 1357, the Court of Appeal considered an appeal regarding early conciliation (EC) requirements in employment tribunal proceedings. The Court concluded that EC requirements imposed by section 18A of the Employment Tribunals Act 1996 are jurisdictional in nature, meaning the employment tribunal lacked jurisdiction to entertain a detriment claim due to the claimant’s failure to invoke the early EC process. The Court held that the early EC requirements only apply to the institution of new proceedings and not to claims added by amendment to existing proceedings. However, the Court also upheld the employment tribunal’s original decision, in the particular circumstances of the case, to grant permission to amend the claim form to allow the claimant to pursue the detriment claim.

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