Support worker's claim dismissed for presenting claim before ACAS certificate

A procedural trap that cost a support worker her day in court

This case is a stark reminder that employment tribunal claims come with strict procedural requirements — and missing one by even a single day can be fatal. The claimant, a support worker with Learning Disability Network London Limited, was dismissed after just five months. She believed she had been treated unfairly and wanted to bring claims for unfair dismissal, race discrimination, and unpaid wages.

However, when she presented her claim form on 4 August 2020, she had not yet obtained an ACAS early conciliation certificate. She got it the very next day, on 5 August 2020. Although the tribunal initially accepted the claim after she later submitted the certificate, a preliminary hearing eventually ruled that the claim could not proceed.

Why the tribunal had no choice

The law under section 18A of the Employment Tribunals Act 1996 is clear: a claimant must obtain an early conciliation certificate from ACAS before presenting a claim to the tribunal. The Employment Judge found that the circumstances were indistinguishable from the case of Pryce v Baxterstorey, which established that the tribunal has no discretion to waive this requirement. Even though the claimant obtained the certificate just one day late, the claim was presented without it, and that defect could not be cured retrospectively.

What this means for similar claims

This outcome may seem harsh, but it reflects the strict approach tribunals must take. For anyone considering bringing a claim, the lesson is simple: complete the ACAS early conciliation process first, and only then submit your claim form. A delay of even 24 hours can mean losing the right to have your case heard at all. The claimant also faced the additional hurdle of having less than two years' service, which meant her unfair dismissal claim was unlikely to succeed in any event. But the procedural error alone was enough to end her case.