Cases3309017/2024

Claimant v Danielle Moyser

17 June 2025Before Employment Judge Quillon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out because claimant failed to obtain an early conciliation certificate for this respondent before filing the claim. Claimant was given an opportunity to make representations by 30 May 2025 but failed to respond or request a hearing.

Facts

Ms O Jakins filed an employment tribunal claim against Danielle Moyser. The tribunal identified that the claimant appeared not to have obtained an early conciliation certificate for this respondent before issuing the claim. The tribunal gave the claimant until 30 May 2025 to make representations or request a hearing. The claimant failed to respond.

Decision

Employment Judge Quill struck out the claim because the claimant failed to obtain the mandatory early conciliation certificate before filing, and failed to respond to the tribunal's opportunity to make representations about why the claim should not be struck out.

Practical note

Failure to obtain an ACAS early conciliation certificate before filing a claim is a fundamental procedural requirement that will result in strike-out if not remedied when given the opportunity.

Legal authorities cited

Case details

Case number
3309017/2024
Decision date
17 June 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
Represented
No

Claimant representation

Represented
No