Outcome
Individual claims
The claim was struck out because the claimant did not obtain an early conciliation certificate for this respondent prior to issuing the claim, and failed to respond to the tribunal's opportunity to make representations or request a hearing.
Facts
Ms McGrath brought a claim against Danielle Moyser but failed to obtain an ACAS early conciliation certificate for this respondent before filing the claim. The tribunal wrote to her on 21 May 2025 giving her until 4 June 2025 to make representations or request a hearing as to why the claim should not be struck out. She did not respond.
Decision
The tribunal struck out the claim because the claimant failed to obtain a mandatory ACAS early conciliation certificate before issuing proceedings and failed to respond to the tribunal's unless order giving her an opportunity to explain or request a hearing.
Practical note
Failure to obtain an ACAS early conciliation certificate before filing a claim is a fundamental procedural error that can result in strike-out, particularly where the claimant fails to engage with the tribunal's subsequent opportunities to address the issue.
Legal authorities cited
Case details
- Case number
- 3309026/2024
- Decision date
- 17 June 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Danielle Moyser
- Sector
- —
- Represented
- No
Claimant representation
- Represented
- No