Claim dismissed for issuing ET1 before ACAS early conciliation
A former employee's unfair dismissal claim was thrown out because he issued his tribunal claim before obtaining the required ACAS early conciliation certificates. No compensation was awarded.
1 min read · Last updated 18 May 2026
Case details
- #jurisdiction
- #acas-early-conciliation
- #no-valid-certificate
Key facts
- The claimant issued his ET1 on 19 January 2022 before obtaining ACAS early conciliation certificates.
- The ACAS early conciliation certificates were obtained on 21 and 22 February 2022, after the claim was issued.
- The claimant provided only one ACAS certificate for the first respondent at the hearing, and a second certificate submitted later had a different number.
- The tribunal found it had no jurisdiction because no valid early conciliation number was obtained before the claim was issued.
- The claimant's application for reconsideration was refused as there was no reasonable prospect of varying the decision.
Timeline
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Claim issued
The claimant issued his ET1 claim form against the respondents.
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ACAS certificate for first respondent
The claimant obtained an ACAS early conciliation certificate for the first respondent.
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ACAS certificate for second respondent
The claimant obtained an ACAS early conciliation certificate for the second respondent.
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Hearing
The tribunal heard the case and dismissed the claim for lack of jurisdiction.
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Judgment issued
Employment Judge Gibb issued the judgment dismissing the claim.
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Reconsideration application
The claimant applied for reconsideration via emails.
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Reconsideration refused
The tribunal refused the reconsideration application.
The legal issue
The tribunal had to decide whether it could hear the unfair dismissal claim when the claimant had not obtained ACAS early conciliation certificates before issuing his claim form.
The outcome
The employment tribunal dismissed the claim in its entirety. The key reason was that the claimant issued his ET1 on 19 January 2022, but only obtained ACAS early conciliation certificates on 21 and 22 February 2022 – after the claim was already lodged. Without a valid early conciliation number obtained before the claim, the tribunal had no jurisdiction to hear the case. The claimant's application for reconsideration was also refused.
Lessons & takeaways
- Always obtain an ACAS early conciliation certificate before issuing an employment tribunal claim – the certificate number must be included on the claim form.
- If you have multiple respondents, you may need a separate ACAS certificate for each; check the rules carefully.
- Issuing a claim prematurely, even by a few weeks, can be fatal to your case – the tribunal has no discretion to overlook this requirement.
- If you represent yourself, make sure you understand procedural steps like early conciliation – the tribunal will not waive them.
This case shows how a procedural misstep can end a claim before it even gets started. The former employee brought an unfair dismissal claim against two respondents, but issued his ET1 form in January 2022 without first obtaining ACAS early conciliation certificates. He only got those certificates in February, after the claim was already lodged. The tribunal had no choice but to strike out the claim for lack of jurisdiction.
What went wrong
The requirement to obtain an ACAS early conciliation certificate before issuing a claim is strict. The certificate provides a unique number that must be included on the claim form. Here, the claimant not only failed to get the certificates in time, but also provided only one certificate for the first respondent at the hearing, and a second certificate submitted later had a different number. The tribunal found that no valid early conciliation number existed for either respondent before the claim was issued.
What the losing side could have done differently
The claimant could have contacted ACAS for early conciliation before issuing the claim. Even if conciliation fails, the certificate is issued promptly. Waiting until after the claim is lodged is too late. The tribunal's decision on reconsideration noted that the claimant had raised issues about video link problems and spelling errors on certificates, but none of these could overcome the fundamental jurisdictional bar.
Why this matters
This case is a reminder that employment tribunals have strict procedural rules. The early conciliation requirement is designed to encourage settlement before litigation, and tribunals will enforce it rigorously. Anyone considering a tribunal claim should make obtaining the ACAS certificate their first step – before preparing the claim form. Representing yourself does not excuse the requirement, and the tribunal will not bend the rules, no matter the merits of the underlying dispute.
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