Q&As

When it comes to compliance with the Acas early conciliation (EC) requirement and a claim being accepted by the employment tribunal, if there is a discrepancy between the EC certificate and the claim form in terms of how the respondent is named, must the employment tribunal reject the claim?

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Published on: 07 October 2022
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The early conciliation (EC) requirement (also known as mandatory Acas early conciliation) is an obligation on a prospective claimant to contact Acas with certain information prior to submitting a claim in the employment tribunal.

In order to satisfy the EC requirement, a prospective claimant must personally give Acas:

  1. •

    their name and address

  2. •

    the name and address of the prospective respondent

by either sending Acas a completed EC form, or by providing the required information by telephone. That is all that is necessary in order to fulfil the statutory requirement.

A prospective claimant who is subject to the requirement for EC cannot submit a claim in relation to relevant proceedings in the employment tribunal without first receiving an early conciliation certificate (EC certificate) from Acas.

For further information, see, generally, Practice

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Jurisdiction(s):
United Kingdom

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