The Claimant commenced a claim under section 48 of the Employment Rights Act 1996 without first contacting ACAS or obtaining an early conciliation certificate. When the claim was presented, this error was not spotted by the ET and the ET did not reject the claim. Several months later, at a case management hearing, the Respondents contended that the claim should be rejected pursuant to section 18A(8) of the Employment Tribunals Act 1996. The ET rejected the claim, but then permitted the Claimant to amend her claim to re-commence identical section 48 claims. The Respondent appealed.

The EAT dismissed the appeal. (1) the ET had erred in its decision to reject the claim - Clark v Sainsbury’s Supermarket Ltd [2023] ICR 1169 applied; (2) the ET ought to have considered whether to dismiss the section 48 claim under rule 27 for want of jurisdiction, or strike the claim out under rule 37; but (3) on consideration of the Respondents’ applications under rule 27 and rule 37, refusing the applications and dismissing the appeal, on a proper construction of section 18A of the Employment Tribunals Act 1996, the Claimant’s failure to comply with the early mediation requirements did not deprive the ET of jurisdiction to hear the section 48 claim - Pryce v Baxterstorey Ltd [2022] EAT 61 not followed. The EAT remitted the Claimant’s claims to the ET for consideration on their merits.