Claimant v Secretary of State for Work and Pensions
Outcome
Individual claims
The claim was struck out on jurisdictional grounds because the claimant failed to comply with the mandatory requirement in section 18A of the Employment Tribunals Act 1996 to engage in ACAS early conciliation before presenting the claim. This is a procedural prerequisite to bringing a claim in the Employment Tribunal.
Facts
Mrs Wreford brought a claim against the Department of Work and Pensions. The claim was heard at a preliminary hearing to determine jurisdictional issues. The respondent, represented by counsel, argued that the claimant had failed to comply with mandatory ACAS early conciliation requirements. The claimant appeared in person, supported by Mr Getton, but was unable to overcome the jurisdictional objection.
Decision
The tribunal dismissed and struck out all claims on the grounds that it had no jurisdiction to hear them. The claimant had failed to comply with section 18A of the Employment Tribunals Act 1996, which requires claimants to engage in ACAS early conciliation before presenting a claim. This is a mandatory procedural requirement, and the failure to comply meant the tribunal could not proceed.
Practical note
ACAS early conciliation under section 18A ETA 1996 is a mandatory prerequisite to bringing an employment tribunal claim, and failure to comply renders the claim jurisdictionally defective and subject to dismissal or strike out.
Legal authorities cited
Statutes
Case details
- Case number
- 6007483/2024
- Decision date
- 21 November 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- central government
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No