Q&As

Where the claimant has submitted a claim against an individual manager (ie a fellow employee) rather than against their employer, having obtained an early conciliation certificate also naming that individual manager, can an application be made under Rule 12 of the Employment Tribunal rules to strike out the claim?

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Published by a LexisNexis Employment expert
Published on: 16 March 2020
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You may wish to consider:

  1. •

    rejection of the claim under the Employment Tribunal Rules 2013 (ET Rules 2013), r 12 (set out in Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, SI 2013/1237)

  2. •

    the employment tribunal’s power to Strike out all or part of a claim under ET Rules 2013, r 37

  3. •

    the employment tribunal’s power to add, substitute or remove parties under ET Rules 2013, r 34

  4. •

    circumstances where claims may be brought against an individual (eg a fellow employee)

If the fellow employee against whom the claim has been brought is still employed by the employer, it is likely that the employer will want to support that individual in dealing with the claim, not least to maintain the relationship of trust

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Early Conciliation definition
What does Early Conciliation mean?

Before an application may be presented to an employment tribunal to institute many types of proceedings, the early conciliation requirement obliges the prospective claimant to provide to Acas prescribed information about that matter, including whether or not he or she wishes to enter into conciliatory discussions with the prospective respondent.

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