- Email with addition of EC Certificate did not amount to re-presentation of employment tribunal claim (Pryce v Baxterstorey)
- What are the practical implications of this case?
- What is the background?
- Relevant law
- Background facts
- Decision of the employment tribunal
- What did the EAT decide?
- Case details
Employment analysis: Under section 18(8) of the Employment Tribunal Act 1996 (ETA 1996) a person who is required to comply with the early conciliation (EC) requirement may not present an employment tribunal claim without first obtaining an EC certificate. Where a claim is presented without the EC certificate first being obtained, that jurisdictional problem cannot be overcome by the claimant subsequently obtaining an EC certificate and sending details of that certificate to the employment tribunal by email. It is necessary for the ET1 claim form to be re-presented with the details of the EC certificate included and this is a requirement that the employment tribunal (or respondent) cannot waive, according to the EAT.
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