04 May ACAS Early Conciliation

The EAT has held that an employment tribunal incorrectly applied the relevant tests when refusing to accept a claim for unfair dismissal and race discrimination presented two days out of time. The original claim, presented on the cusp of the limitation date, was rejected because the claimant had not entered the correct early conciliation number. The second claim had been presented on the day the claimant had learned the first claim had been rejected due to the error.

The tribunal had incorrectly focused on the fact that the first claim had been presented in time and not on whether it was reasonably practicable for the second claim to have been presented in time, or whether the balance of prejudice meant that it was just and equitable to accept the discrimination claim out of time. (Adams v British Telecommunications Plc UKEAT/0342/15.)

Source: PLC on Employment Law