Late ACAS certificate: claim struck out despite tribunal initially accepting it
A prison custody officer's unfair dismissal claim was struck out because she submitted her ET1 without an ACAS early conciliation certificate, and the defect could not be cured by later providing one.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant submitted her ET1 on 16 June 2021 without an ACAS early conciliation certificate.
- The claimant ticked a box claiming exemption for interim relief, but the interim relief application was out of time.
- The tribunal rejected the claim on 27 July 2021 for lack of an ACAS number.
- The claimant obtained an ACAS certificate on 2 August 2021 and emailed it to the tribunal on 3 August 2021.
- The tribunal accepted the claim on 16 August 2021 after reconsideration, but the respondent argued the ET1 was never valid.
- The Employment Judge held that the defect could not be cured by later submission of the ACAS certificate and struck out the entire claim.
Timeline
-
Dismissal
The claimant was dismissed from her role as Prison Custody Officer and received pay in lieu of notice.
-
First ET1 (interim relief)
The claimant submitted an ET1 seeking interim relief, but it was not registered by the tribunal.
-
Second ET1 submitted
The claimant submitted a second ET1 without an ACAS early conciliation number, claiming exemption for interim relief.
-
ACAS early conciliation started
The claimant began the ACAS early conciliation process.
-
Claim rejected
The tribunal sent a letter rejecting the claim because no ACAS number was provided and the interim relief exemption was invalid.
-
Claimant emails tribunal
The claimant emailed the tribunal explaining the earlier ET1 was not registered and that she had started ACAS.
-
Tribunal advises on reconsideration
The tribunal told the claimant to submit a reconsideration application with the ACAS certificate.
-
ACAS certificate issued
The claimant received the ACAS early conciliation certificate.
-
ACAS certificate sent to tribunal
The claimant emailed the ACAS certificate to the tribunal.
-
Claim accepted
The tribunal accepted the claim after reconsideration by Employment Judge R. Lewis.
-
Preliminary hearing
A preliminary hearing was held to determine whether the claim was presented in time.
-
Judgment issued
Employment Judge Freshwater struck out the entire claim for lack of jurisdiction.
The legal issue
The tribunal had to decide whether an ET1 submitted without an ACAS early conciliation certificate could be made valid by providing the certificate after the deadline, or whether the claim was out of time and could not proceed.
The outcome
The tribunal struck out the entire claim for unfair dismissal, automatically unfair dismissal, and whistleblowing detriment.
The key reason was that the claimant submitted her ET1 on 16 June 2021 without an ACAS early conciliation certificate, claiming an invalid exemption for interim relief. Although she later obtained the certificate on 2 August 2021 and the tribunal initially accepted the claim, the judge ruled that the original defect could not be cured retrospectively. The claim was therefore never validly presented.
No compensation was awarded as the claim was struck out in its entirety.
Lessons & takeaways
- You must obtain an ACAS early conciliation certificate before submitting your ET1 claim form – it cannot be added later.
- Claiming an exemption for interim relief does not bypass the ACAS requirement if the interim relief application is itself out of time.
- Even if the tribunal initially accepts your claim, the respondent can later challenge its validity if the ACAS certificate was missing at the time of submission.
- If your ET1 is rejected for a defect, you must rectify that defect within the time limit – a later ACAS certificate will not save an already-invalid claim.
The importance of getting the ACAS certificate first
This case shows a harsh but clear rule: you must have an ACAS early conciliation certificate before you submit your employment tribunal claim. The claimant, a prison custody officer with nearly three years' service, was dismissed in April 2021. She submitted her ET1 on 16 June 2021 without the required ACAS number, mistakenly believing she was exempt because she had also applied for interim relief. But that interim relief application was itself out of time, so the exemption did not apply.
What went wrong
The tribunal rejected the claim on 27 July 2021 for lack of an ACAS number. The claimant then started ACAS early conciliation on 29 June 2021, obtained the certificate on 2 August 2021, and sent it to the tribunal the next day. The tribunal reconsidered and accepted the claim on 16 August 2021. However, at a preliminary hearing, the employer Serco Limited argued that the claim was never validly presented because the ET1 was submitted without the certificate. Employment Judge Freshwater agreed: the defect could not be cured by later providing the certificate. The entire claim was struck out.
What this means for similar claims
The lesson is straightforward: never submit an ET1 without first completing ACAS early conciliation and obtaining the certificate. Even if the tribunal initially accepts your claim after you provide the certificate later, the employer can challenge its validity, and the tribunal may strike it out. The time limit for presenting a claim runs from the date of dismissal, and the ACAS process pauses that clock, but only if you start conciliation before submitting the ET1. Here, the claimant started conciliation after submitting the ET1, so the clock had already expired. Anyone considering a tribunal claim should ensure they have the ACAS certificate in hand before filing – it is a simple step that can save the entire case.
Similar cases
Former employee's claim dismissed as one day late: ADHD and technical issues not enough
A former DHL employee's unfair dismissal claim was thrown out after being filed one day late. The tribunal found it was reasonably practicable to submit on time, rejecting ADHD and technical difficulties as excuses.
Unfair dismissal claim struck out: presented more than a year after employment ended
A former employee's claims of unfair dismissal and disability discrimination were struck out after the tribunal found they were presented over a year after her employment ended, and she failed to attend the hearing.
Site Manager with 8 months' service loses unfair dismissal claim
A site manager who was dismissed after just eight months had his unfair dismissal claim struck out for lack of qualifying service. His race discrimination claims were allowed to proceed but subject to a £100 deposit order.
Constructive dismissal claim dismissed as nine months out of time
A former employee's claims of automatic constructive unfair dismissal and sexual orientation harassment were struck out after he presented his claim nine months late, despite having initially filed on time but without an ACAS certificate.