Q&As

What can a respondent named in the ET1 do if its name is not also in the early conciliation certificate but the tribunal nonetheless erroneously accepts the claim?

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Published on LexisPSL on 11/10/2018

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • What can a respondent named in the ET1 do if its name is not also in the early conciliation certificate but the tribunal nonetheless erroneously accepts the claim?

What can a respondent named in the ET1 do if its name is not also in the early conciliation certificate but the tribunal nonetheless erroneously accepts the claim?

Where a claim is made to an employment tribunal to which early conciliation applies (see Practice Note: The early conciliation requirement—When the early conciliation requirement applies), the contents of the claim must comply with various specific requirements. One such requirement is that the name of the respondent on the claim form must be the same as the name of the prospective respondent on the early conciliation certificate. Failure to comply with such requirements can lead to a rejection of the claim by an employment judge.

The relevant paragraphs and subparagraphs of rule 12 of the Employment Tribunal (ET) rules provide as follows:

  1. the staff of the tribunal office shall refer a claim form to an Employment Judge if they consider that the claim, or part of it, may be one which institutes relevant proceedings and the name of the respondent on the claim form is not the same as the name of the prospective respondent on the early conciliation certificate to which the early conciliation number relates

  2. the claim, or part of it, shall be rejected if the Judge considers that the claim, or part of it, is of a kind described in sub-paragraph (e) or (f)

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