Employment Claims Struck Out for Missing Early Conciliation Certificates
📌 In brief
Two workers had their employment claims dismissed by the Employment Tribunal because they didn't have the necessary early conciliation certificates. The judge ruled that the claims should be struck out as they lacked reasonable prospects of success.
⚖️ Legal holding
Claims must be accompanied by valid early conciliation certificates to proceed.
📖 Technical summary
The claim was struck out due to failure to comply with early conciliation requirements.
📜 Headnote Official document
Two employment claims were struck out by Employment Judge Quill due to the claimants' failure to provide valid early conciliation certificates as required by law.
📚 Full judgment Official document
Case No: 3300647/2023 3300648/2023
6.2 Strike out Judgment – claim - rule 37
EMPLOYMENT TRIBUNALS
Claimant:
[redacted]
[NAME_1]
[NAME_2]
[NAME_2]
Respondent: [redacted]
JUDGMENT
The claim is struck out.
REASONS
1. By a letter dated 9 December 2024, the Tribunal gave the claimants an opportunity to contact the Tribunal by 23 December 2024 to make representations or to request a hearing, as to why the claims should not be struck out because they have no reasonable prospects of success.
2. This followed the earlier warning letter of 2 September 2024 to which [NAME_1] replied at 18:59 on 2 September, stating “I don’t understand this email”.
3. [NAME_1] has sent some replies to the Tribunal’s earlier correspondence (for example on 12 June 2024 and 17 February 2024). [NAME_2] has not sent any correspondence to the Tribunal since the claim was presented, and no correspondence at all has been received from any potential respondent.
4. The only early conciliation certificate mentioned in claim form names “[NAME_4]” as prospective respondent and [NAME_1] as prospective claimant. [NAME_2] brought her claim on the same claim form as [NAME_1] and is exempt from the requirement to obtain a separate early conciliation certificate.
5. However, both claimants have been notified that I am proposing to strike the claim out on the basis that there are no reasonable prospects of demonstrating that they complied with the obligation to go through early conciliation in relation to [NAME_3] prior to presenting a claim form which named [NAME_3] as the (only) respondent.
6. The letters of 17 February 2024, 2 September 2024 and 9 December 2024 explained clearly what information the Tribunal was seeking and why.
Case No: 3300647/2023 3300648/2023
6.2 Strike out Judgment – claim - rule 37 7. Rule 37(2) states that a claim may not be struck out unless the party in question has been given a reasonable opportunity to make representations, either in writing or, if requested by the party, at a hearing. I am satisfied that they have had that opportunity.
8. Each claimant has failed to make representations in writing and has failed to ask for a hearing. Each claim is therefore struck out.
9. Any application for reconsideration must be made in accordance with the usual timescales, and should fully address the points raised in the Tribunal’s letters of 17 February 2024, 2 September 2024 and 9 December 2024.
Employment Judge Quill
Date: 24 December 2024
JUDGMENT SENT TO THE PARTIES ON
22 January 2025
FOR THE TRIBUNAL OFFICE
❓ Frequently asked questions
What did this decision decide?
The claims were struck out because the claimants failed to provide valid early conciliation certificates.
What was the dispute about?
The dispute was about whether the claimants had fulfilled the requirement to obtain early conciliation certificates before filing their claims.
How did the court decide, and why?
The court decided to strike out the claims because the claimants did not respond to the tribunal's requests for information regarding their compliance with early conciliation requirements.
Which laws or rules were applied?
No specific laws or rules were cited in the judgment.
What was the argument that mattered most?
The argument that mattered most was the claimants' failure to provide the necessary information regarding their compliance with early conciliation requirements.
Was the decision for or against the person who brought the case?
The decision was against the claimants who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they have obtained the necessary early conciliation certificates before filing their employment claim.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that mattered.