Mr I Sewedo v Harrogate and District NHS Foundation Trust: 6000848/2023

EMPLOYMENT TRIBUNALS

Case No 6000848/2023

Between

Mr I SewedoClaimant

Harrogate and District NHS Foundation TrustRespondent

Before

Employment Judge EP Morgan

Date 7 September 2023

JUDGMENT

The complaint is struck out because the Claimant did not obtain an ACAS Early Conciliation certificate before presenting the claim. By virtue of s 18A Employment Tribunals Act 1996, the Tribunal has no jurisdiction to hear the claim.

REASONS

[1]The background to this matter is set out in the case management order made by Employment Judge EP Morgan KC dated 21 August 2023.

[2]In short, the Claimant presented his claim on 12 May 2023 but relied on an Early Conciliation Certificate obtained on 15 May 2023. Employment Judge Morgan KC explained to the Claimant that it is necessary to go through early conciliation before presenting a Tribunal claim. This is required by s 18A Employment Tribunals Act 1996. The Employment Appeal Tribunal in Pryce v Baxterstorey

[2022] EAT 61

made clear that this requirement is mandatory and the Tribunal cannot waive it or treat a later certificate as remedying the problem. Employment Judge Morgan KC explained to the Claimant that he could present a fresh claim, outside the Tribunal time limit, and try to persuade the Tribunal to extend the time limit. But as regards this existing claim, he gave the Claimant the opportunity to explain in writing why the claim should not be struck out. He ordered, with the parties’ agreement, that a decision would then be reached on the papers by an Employment Judge.

[3]The Claimant’s written argument candidly accepts that the only reasons he can put forward are that he has raised whistleblowing complaints, and that it is important that they should be heard; that the Respondent did not raise an issue with the dates; and that he did not have the ability to pay for legal advice before presenting his claim. He contacted ACAS and submitted his Tribunal claim at the same time. Unfortunately, none of those matters gives the Tribunal the power to waive the mandatory legal requirement in s 18A Employment Tribunals Act 1996. It follows that the Tribunal does not have jurisdiction to hear this claim and that it must be struck out.