Employment Judge GrayIn person for claimantDate 6 June 2023
JUDGMENT
The judgment of the tribunal is that the claim is struck out pursuant to Rule 37(1)(c) of the Employment Tribunals Rules of Procedure (the Rules) for non- compliance with those Rules. The claim was presented with a substantive defect pursuant to Rule 12(1)(d) of the Rules in that it mistakenly indicated that one of the early conciliation exemptions applied and pursuant to the Employment Appeal Tribunal’s decision in Miss J. Pryce v Baxterstorey Limited [2022] EAT 61, a subsequently produced ACAS certificate cannot correct the original defect of there being no ACAS certificate when the claim was presented. Case No. 1401854/2022