Jurisdiction(s):
United Kingdom

EAT departs from Pryce: Failure to undertake Acas Early Conciliation not a jurisdictional bar; use Rule 37 strike out (Abel Estate Agent v Reynolds)

Published on: 22 January 2025

Published by a LexisNexis Employment expert

Legal News

Article summary

Abel Estate Agent Ltd and others v Reynolds [2025] EAT 6

This news analysis refers to the ET Rules 2013, which were in force until 5 January 2025 and were the rules applying at the relevant times in this case. For details of the ET Rules 2024, which came into effect on 6 January 2025, see: Employment tribunal rules of procedure 2024—destination table [Archived].

What are the practical implications of this judgment?

This detailed judgment examines the consequences of a claimant’s non-compliance with the EC requirement. Firstly, Swift J found that the employment tribunal had, regrettably, not been taken to the Court of Appeal’s decision in Clark and, in consequence, erred by rejecting the claim at a late point in the proceedings, rather than adopting the correct procedural route. Clark makes clear that, where a tribunal has not rejected a claim in accordance with Rules 10 or 12 of the ET Rules 2013, the proper course at a later stage is instead to consider striking out the claim under Rule 37, rather than purporting to reject it then. That conclusion is unsurprising, as it accords with existing Court of Appeal authority and faithfully follows that guidance...

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