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Early conciliation error when naming a party does not invalidate the claim (News, 25 January 2016)

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Published on: 25 January 2016

Published by a LexisNexis Employment expert

Table of contents

Impact of this judgment
Background law
The facts and decision of the employment tribunal
The judgment of the EAT

Article summary

An error in the naming of a prospective respondent when carrying out the early conciliation requirement does not mean that Acas has to reject the notification. The naming requirement is designed to ensure Acas is provided with sufficient information to be able to make contact with the prospective respondent. The requirement is not for the precise or full legal title and a trading name may be sufficient. Satisfactory compliance will be a matter for the early conciliation officer, who is entitled to accept the notification notwithstanding some of the relevant information being missing. Similarly, an employment tribunal is not bound to reject a claim because the name given on the claim form is not the exact same as that on the early conciliation certificate. EAT: Mist v Derby Community Health Services NHS Trust.

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