The mandatory notification step before most tribunal proceedings, and the jurisdictional consequences of getting it wrong. Science Warehouse Ltd v Mills; Reynolds v Abel Estate Agent Ltd.
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.
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.
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.
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.
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.
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'.
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.
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.