ACAS Early Conciliation (EC)

Authorities (8)

• Science Warehouse Ltd v Mills [2016] ICR 252 [judgment]
  Her Honour Judge Eady QC

  ACAS Early Conciliation; Amendments. A claimant who seeks to add a new claim (e.g., victimisation) by way of amendment to existing proceedings does not need to go through the Early Conciliation procedure again for that new claim. The EC certificate relates to the 'matter', which is broad enough to cover the amendment.

• Drake International Systems Ltd v Blue Arrow Ltd [2016] ICR 445 [judgment]
  The Honourable Mr Justice Langstaff (President)

  ACAS Early Conciliation; Substitution of Parties. The concept of a 'matter' in s.18A is broad. Where a claimant has validly conciliated regarding a dispute, substituting a respondent (e.g. a subsidiary for a parent company) does not require a fresh EC certificate.

• Compass Group UK and Ireland Ltd v Morgan [2017] ICR 73 [judgment]
  THE HONOURABLE MRS JUSTICE SIMLER DBE (PRESIDENT), MR D BLEIMAN, MR P L C PAGLIARI

  ACAS Early Conciliation; Future Events. An EC certificate is not necessarily limited to events that pre-date it. If the 'matter' (dispute) continues, the certificate can cover a resignation (constructive dismissal) that occurs after the certificate was issued.

• Pryce v Baxterstorey Ltd [2022] EAT 61 [judgment]
  HHJ Shanks

  ACAS Early Conciliation; Mandatory Nature. The requirement to obtain an EC certificate is strict and jurisdictional. If a claimant ticks the 'no certificate needed' box incorrectly, the claim is a nullity and cannot be rectified by sending the certificate later.

• Clark and ors v Sainsbury's Supermarkets Ltd [2023] ICR 1169 [judgment]
  Lord Justice Bean, Lady Justice Asplin, Lord Justice Nugee

  ACAS Early Conciliation; Procedure. Once a claim has passed the initial vetting stage (Rule 12) and been accepted by the Tribunal, it cannot be retrospectively rejected for a technical defect in the EC certificate.

• Reynolds v Abel Estate Agent Ltd [2025] EWCA Civ 1357 [judgment]
  Lord Justice Underhill, Lord Justice Baker, Lady Justice Elisabeth Laing

  ACAS Early Conciliation; Waiver of Jurisdiction. While s.18A is a jurisdictional requirement, the Court of Appeal confirmed (applying Clark v Sainsbury's) that if a Tribunal mistakenly accepts a claim at the vetting stage (Rule 12) despite a defect, the respondent cannot later argue the claim is a nullity. The vetting stage is the 'gatekeeper'.

• Patel v Specsavers Optical Group Ltd EAT 0286/18 [judgment]
  Her Honour Judge Stacey

  ACAS Early Conciliation; Respondent Identity. While the Tribunal has discretion to amend parties, a failure to name the correct respondent in the EC process can be fatal if it represents a 'complete failure' to comply rather than a minor error.

• Cranwell v Cullen EATS 0046/14 [judgment]
  The Honourable Mr Justice Langstaff (President)

  ACAS Early Conciliation; No Exemptions. There is no exemption for cases where conciliation would be 'futile' or traumatic (e.g. sexual assault). The procedural requirement to notify ACAS must still be met.