Legal News

Tribunal may selectively reject non-exempt parts of claim that do not comply with early conciliation requirement (Webster v Rotala plc)

Published on: 09 November 2021
Published by: LexisPSL
  • Tribunal may selectively reject non-exempt parts of claim that do not comply with early conciliation requirement (Webster v Rotala plc)
  • What are the practical implications of this judgment?
  • What is the relevant background?
  • Background law
  • Background facts
  • The decision of the employment tribunal
  • What did the EAT decide?
  • Case details

Article summary

Employment analysis: If, on a claim form, a prospective claimant is instituting (i) a claim that is exempt from the early conciliation (EC) requirement (eg for unfair dismissal with an application for interim relief) plus (ii) additional claims to which the EC requirement applies (because they are 'relevant', non-exempt claims) then that claimant must comply with the EC requirement in respect of those additional claims, and if they have not done so the employment tribunal should reject the non-exempt claims but allow the exempt claim to proceed, according to the Employment Appeal Tribunal (EAT). or take a trial to read the full analysis.

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