Decision date
15 May 2026
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
Employment Judge Searley
Case Summary
The claimant, employed as a Tutor/Administrator, was dismissed on 4 November 2024 and presented claims on 31 January 2025 for unfair dismissal, age and race discrimination, whistleblowing, redundancy, and various pay claims. The Tribunal dismissed all claims because the claimant failed to obtain an ACAS early conciliation certificate before presenting his ET1, in breach of s.18A of the Employment Tribunals Act 1996, depriving the Tribunal of jurisdiction.
Why this outcome?
Jurisdictional barThe claimant presented his claims without first obtaining an ACAS early conciliation certificate, which is a mandatory procedural requirement under s.18A of the Employment Tribunals Act 1996. The Court of Appeal in Reynolds v Abel Estate Agent Ltd [2025] EWCA Civ 1357 established that this requirement is jurisdictional; failure to comply deprives the Tribunal of power to hear the claims.
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Key Issues
- •Whether the Tribunal has jurisdiction to hear the claims
- •Whether the claimant complied with the mandatory requirement to obtain an ACAS early conciliation certificate before presenting the claim
- •Application of s.18A of the Employment Tribunals Act 1996
- •Interpretation of Reynolds v Abel Estate Agent Ltd [2025] EWCA Civ 1357
Original published judgment
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Case Details
- Case No.
- 3200088/2025
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 15 May 2026
- Published
- 25 June 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Searley
- Representation
- Litigant in person