Claimant v Croydon Health Services NHS Trust
Outcome
Individual claims
The claim was struck out because the Claimant failed to comply with the mandatory ACAS Early Conciliation requirements under section 18A of the Employment Tribunals Act 1996 before filing. The tribunal found it had no reasonable prospect of establishing jurisdiction at a final hearing.
Facts
Ms Walters filed a claim against Croydon Health Services NHS Trust on 8 March 2024. She appeared in person, assisted by her mother Ms J Reddy. A preliminary hearing was held on 11 November 2025 to determine whether the tribunal had jurisdiction to hear the claim. The respondent was represented by counsel, Miss M Shah.
Decision
The tribunal struck out the claim under Rule 38(1)(a) because the claimant failed to comply with the mandatory ACAS Early Conciliation requirements in section 18A of the Employment Tribunals Act 1996 before filing. The tribunal found there was no reasonable prospect of establishing jurisdiction at a final hearing. The respondent was given 14 days to apply for costs.
Practical note
Failure to comply with mandatory ACAS Early Conciliation before filing a claim is a jurisdictional bar that will result in strike out, even where the claimant is unrepresented.
Legal authorities cited
Statutes
Case details
- Case number
- 2302757/2024
- Decision date
- 11 November 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No