Tcaci v Stacey Employment Services Ltd: UKEAT/0168/20/JOJ

Judgment concerning an appeal against a decision which rejected a claim for unpaid wages on the basis that no ACAS Early Conciliation number had been given in the Claimant’s Claim Form.

The Claimant lodged a claim against the Respondent, an employment agency where the Claimant used to work, for non-payment of wages. On 3 February 2020, the Tribunal rejected the claim on the basis that the Claimant has not supplied an ACAS Early Conciliation number in section 2 of her Claim Form; as required by Rule 10(1)(c)(i) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.

The Claimant’s appeal was allowed as the Employment Appeal Tribunal (“EAT”) found that an ACAS Early Conciliation number had been provided on the Claim Form and that this number corresponded with the number on an ACAS Early Conciliation certificate. The EAT remitted the matter back to the Tribunal to be redetermined.

Published: 07/09/2021 09:14

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