Claimant v Secretary of State for Health and Social Care
Outcome
Individual claims
The claim was struck out because the claimant did not have the required ACAS early conciliation certificate under s.18A(4) of the Employment Tribunals Act 1996 at the time the claim was presented. Without this certificate, the tribunal has no jurisdiction to hear the claim under s.18A(1) and (8) of the ETA 1996.
Facts
Ms Elliot brought a claim against the Department of Health and Social Care. The claim was presented without an ACAS early conciliation certificate as required by s.18A(4) of the Employment Tribunals Act 1996. The hearing took place remotely via CVP on 7 January 2025. The claimant appeared in person and the respondent was represented by Mr Margo, a barrister.
Decision
Employment Judge Shukla dismissed the claim on jurisdictional grounds. The tribunal held it had no jurisdiction to determine the claim because the claimant did not have the required ACAS early conciliation certificate at the time the claim was presented, as mandated by s.18A(1) and (8) of the Employment Tribunals Act 1996.
Practical note
Claims must be preceded by ACAS early conciliation and the claimant must have obtained an ACAS certificate before presenting the claim to the tribunal, or the tribunal will have no jurisdiction to hear the case.
Legal authorities cited
Statutes
Case details
- Case number
- 2219508/2024
- Decision date
- 7 January 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- central government
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No