Abel Estate Agent Ltd v Reynolds

Subject Matter

INDUSTRIAL RELATIONS — Employment tribunals — Early conciliation — Claimant commencing proceedings without contacting Acas — Failure to contact Acas not noticed by tribunal — Whether open to tribunal to reject claim on ground of such failure at case management hearing — Whether tribunal having jurisdiction to hear claim — Employment Tribunals Act 1996 (c 17), s 18A(1)(8) — Employment Rights Act 1996 (c 18), s 48 — Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (SI 2013/1237), Sch 1, rr 10, 12, 27, 37

[2025] EAT 6; [2025] ICR 1032; [2025] WLR(D) 39, EAT

INDUSTRIAL RELATIONS — Employment tribunals — Early conciliation — Claimant commencing proceedings without contacting Acas or obtaining early conciliation certificate — Whether tribunal having jurisdiction to hear claim — Employment Tribunals Act 1996 (c 17), s 18A

[2025] EWCA Civ 1357; [2025] WLR(D) 531, CA

AI Summary & Issues

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The Court of Appeal upheld the appeal by Abel Estate Agent Ltd and others against the Employment Appeal Tribunal's decision. It determined that the Employment Tribunal lacked jurisdiction over the claimant's detriment claim due to non-compliance with early conciliation requirements. However, the court allowed the claimant to amend her claim to include the same detriment claim, permitting it to proceed. The appeal was dismissed, affirming the Employment Tribunal's order for amendment.

Issues

• Did the Claimant's failure to provide an early conciliation number (ECN) in her claim form deprive the Employment Tribunal of jurisdiction to consider her detriment claim under section 47B of the Employment Rights Act 1996?
• Was the Employment Appeal Tribunal correct in concluding that the Employment Tribunal had jurisdiction to entertain the detriment claim despite the Claimant's non-compliance with the early conciliation provisions?
• Did the Employment Tribunal have the authority to grant permission for the Claimant to amend her claim form to include the detriment claim after it had been initially rejected for lack of an ECN?