No ACAS certificate, no claim: tribunal rejects case for lack of jurisdiction
A Senior Account Executive's discrimination and whistleblowing claims were thrown out because he did not obtain an ACAS Early Conciliation certificate and the claimed exemption did not apply.
1 min read · Last updated 18 May 2026
Case details
- #acas-early-conciliation
- #jurisdiction
- #time-limits
- #no-certificate
- #exemption-not-proved
Key facts
- The claimant was employed as a Senior Account Executive from 1 February 2021 to 17 February 2022.
- The claimant did not obtain an ACAS Early Conciliation certificate before presenting his claim.
- The claimant ticked a box on the claim form claiming an exemption because his employer had contacted ACAS.
- The tribunal found that the respondent had not contacted ACAS and the exemption did not apply.
- The claim was presented on 18 May 2022, two days after the primary time limit expired.
- The claimant had less than two years' service and withdrew his unfair dismissal claim.
Timeline
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Employment started
The claimant began working for AvePoint UK, Ltd as a Senior Account Executive.
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Dismissal letter sent
The respondent sent a letter terminating the claimant's employment with effect from 20 January 2022, placing him on garden leave until 17 February 2022.
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Effective date of termination
The claimant's employment ended.
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Claim submitted
The claimant submitted his ET1 claim form late on 17 May 2022 (received by the tribunal on 18 May 2022).
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Claim lodged
The tribunal acknowledged receipt of the claim.
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Tribunal warning
The tribunal wrote to the claimant advising that he must provide evidence that his employer had contacted ACAS.
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Respondent's response
The respondent filed an ET3 and Grounds of Resistance, challenging jurisdiction due to lack of ACAS Early Conciliation.
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Closed Preliminary Hearing
A hearing before Employment Judge Snelson listed jurisdictional issues for determination.
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Open Preliminary Hearing
The tribunal heard evidence and submissions on jurisdiction and time limits.
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Judgment issued
Employment Judge Beyzade rejected the claim for lack of jurisdiction due to non-compliance with ACAS Early Conciliation requirements.
The legal issue
The tribunal had to decide whether it had jurisdiction to hear the claimant's claims given that he had not obtained an ACAS Early Conciliation certificate and the claimed exemption did not apply, and whether the claims were presented within the statutory time limits.
The outcome
The tribunal dismissed the claim for lack of jurisdiction. The claimant had ticked a box on the claim form claiming an exemption from the ACAS Early Conciliation requirement because his employer had contacted ACAS, but the tribunal found that the employer had not done so. The claim was also presented two days late. The claimant withdrew his unfair dismissal claim because he had less than two years' service.
No compensation was awarded as the claim was rejected at the jurisdictional stage.
Lessons & takeaways
- You must obtain an ACAS Early Conciliation certificate before presenting an employment tribunal claim, unless a specific exemption applies.
- If you claim an exemption, you must be able to prove it – ticking a box on the form is not enough.
- Claims must be presented within strict time limits; even a delay of two days can be fatal.
- If you have less than two years' service, you cannot bring an unfair dismissal claim (unless the reason is automatically unfair).
This case shows the importance of getting the procedural steps right before bringing an employment tribunal claim. The claimant, a Senior Account Executive with just over a year's service, alleged discrimination, whistleblowing, and other claims against his employer, AvePoint UK, Ltd. But the tribunal never reached the merits of those allegations because the claimant failed to comply with the mandatory ACAS Early Conciliation process.
What went wrong
The claimant submitted his claim without an ACAS Early Conciliation certificate, ticking a box to say he was exempt because his employer had contacted ACAS. However, the tribunal found that the employer had not contacted ACAS, so the exemption did not apply. The claim was also presented two days after the primary time limit expired. The claimant had less than two years' service, so his unfair dismissal claim was withdrawn.
What the losing side could have done differently
The claimant could have contacted ACAS himself to obtain a certificate before presenting his claim. Even if he believed his employer had already contacted ACAS, he should have checked with ACAS to confirm. The tribunal noted that when the claimant eventually spoke to ACAS in August 2022, they told him they had no record of either party contacting them.
Why this matters
This case is a reminder that employment tribunals are strict about procedural requirements. The ACAS Early Conciliation process is a compulsory first step for most claims. Failing to obtain a certificate, or wrongly claiming an exemption, can mean your claim is rejected without any consideration of the underlying facts. Time limits are also strictly enforced – even a short delay can be fatal.
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