ET allows claimant to rectify her failure to carry out early conciliation (News, 29 October 2014)

Table of contents

• Impact of case
• Relevant law
• Background facts
• Employment Tribunal's decision

Article summary

An employment tribunal has found that where a claimant presents a claim without first complying with the early conciliation requirement, and mistakenly states that an exemption applies, an Employment Judge must reject the claim under Rule 12. However, if the claimant belatedly complies with the early conciliation requirement, ie after submitting the claim, this can rectify the original defect and the rejection of the claim can be reconsidered and revoked under Rule 13. Since the claim will then be treated as presented on the date the defect was rectified, this may still leave the claimant with jurisdictional difficulties as to whether or not the claim was presented in time. Cardiff ET: Thomas v Nationwide Building Society.