Claimant’s failure to undertake early conciliation did not deprive ET of jurisdiction (Abel Estate Agent v Reynolds)

Where a claimant has failed to comply with the early conciliation (EC) requirement but the employment tribunal did not reject the claim under either Rule 10 or 12 of the ET Rules 2013 (now Rules 12 or 13 of the ET Rules 2024), the tribunal should not reject the claim at a later stage, eg during case management. In these circumstances, the tribunal can consider whether to dismiss or strike out the claim under Rule 27 or 37 (now Rules 28 or 38 of the ET Rules 2024). However, on a proper construction of section 18A of the Employment Tribunals Act 1996 (ETA 1996), the claimant’s failure to comply with the EC requirement did not deprive the tribunal of jurisdiction to hear the claim. The decision of HHJ Shanks in Pryce v Baxterstorey [2022] EAT 61, which reached the opposite conclusion on the impact on jurisdiction, was manifestly incorrect, according to the Honourable Mr Justice Swift in the EAT.

Pro Employment Law

Formed in 2017, following significant legislative changes designed to increase competition within the legal services marketplace, Pro Employment Law is a progressive set of barristers’ chambers, consisting only of experienced employment law barristers, offering a full range of specialist advisory, case management, and advocacy services directly to the public through the Public Access scheme. We supply our legal services exclusively in the area of Employment Law to clients located across England & Wales. All of the legal services we supply are covered by professional indemnity insurance with Bar Mutual.