Claimant v Square Leisure and Entertainment Limited
Outcome
Individual claims
The claim was dismissed for lack of jurisdiction because the claimant failed to comply with the mandatory requirement under section 18A of the Employment Tribunals Act 1996 to notify Acas and obtain an early conciliation certificate before presenting the claim. Alternatively, it was struck out for having no reasonable prospect of success and/or non-compliance with tribunal procedure rules.
Facts
Mr Saada brought an employment claim against Square Leisure and Entertainment Limited but failed to attend the hearing. The tribunal found that he had not complied with the mandatory requirement to contact Acas and obtain an early conciliation certificate before filing his claim.
Decision
The tribunal dismissed the claim on the ground that it had no jurisdiction to consider it due to the claimant's failure to comply with section 18A of the Employment Tribunals Act 1996. Alternatively, the claim was struck out for having no reasonable prospect of success and for non-compliance with tribunal rules.
Practical note
Compliance with mandatory ACAS early conciliation is a jurisdictional prerequisite to bringing an employment tribunal claim, and failure to obtain an early conciliation certificate will result in dismissal regardless of the merits.
Legal authorities cited
Statutes
Case details
- Case number
- 6008788/2025
- Decision date
- 27 November 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No