Ms P S Elliot v Department of Health and Social Care: 2219508/2024
EMPLOYMENT TRIBUNALS
Case No 2219508/2024
Between
Ms P S ElliotClaimantDepartment of Health and Social Care.Respondent
Before
Employment Judge ShuklaDate 7 January 2025
JUDGMENT
[1]The claim is dismissed because, at the time it was presented, the claimant did not have a certificate under s. 18A(4) of the Employment Tribunals Act 1996. Accordingly the Tribunal does not have jurisdiction to determine the claim: see s. 18(A)(1),(8) of the Employment Tribunals Act 1996.
REASONS
[1]On my own initiative, I have reconsidered my judgment dated 7 January 2025, in accordance with rule 70 of the Employment Tribunals Rules of Procedure. This judgment dismissed the claimant’s claim on the basis the Tribunal did not have jurisdiction to consider the claim, because it was presented before the claimant obtained a certificate under s. 18A(4) of the Employment Tribunals Act 1996.[2]My judgment dated 7 January 2025 is revoked, following the decision of the Employment Appeal Tribunal in Abel Estate Agent Ltd and Others v Reynolds [2025] EAT 6, dated 20 January 2025. The Employment Appeal Tribunal ruled in that case that failure to comply with the early conciliation requirement does not remove the Employment Tribunal’s competence (jurisdiction) (see paragraphs 31- 36 of Employment Appeal Tribunal decision).[3]The respondent’s application to strike out the claim is rejected, for the following reasons:a. The claimant’s failure to obtain an ACAS certificate before presenting her claim does not affect the Tribunal’s jurisdiction.b. The respondent was not prejudiced by the claimant’s delay in obtaining an ACAS certificate (less than a week after the ET1 was filed).c. I accept the claimant’s evidence that(a) there were technical issues with ACAS’s website, which were exacerbated by the fact her ET1 was filed over a bank holiday weekend; and(b) she was advised by ACAS that she did not need to file another claim post-dating the ACAS certificate. Case Number: 2219508/2024