Service technician's unfair dismissal claim rejected for lack of early conciliation certificate
A service technician who presented an unfair dismissal claim without an early conciliation certificate, claiming an exemption for interim relief that was never applied for, had his claim rejected by the tribunal for lack of jurisdiction.
1 min read · Last updated 18 May 2026
Case details
- #early-conciliation
- #interim-relief
- #jurisdiction
- #no-early-conciliation-certificate
- #rule-12-rejection
Key facts
- The claimant was employed as a Service Technician from 2019 to 28 April 2022.
- He presented a claim form on 29 April 2022 without an early conciliation certificate.
- The claim form ticked a box claiming exemption due to an interim relief application, but no such application was made.
- The respondent raised the jurisdictional issue at a preliminary hearing on 7 September 2022.
- The claimant made written representations but did not request an oral hearing.
- The tribunal found it had no jurisdiction because the early conciliation exemption did not apply.
Timeline
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Employment started
The claimant began working as a Service Technician for First Subsea Limited.
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Dismissal
The claimant was dismissed from his employment.
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Claim presented
The claimant presented his claim form to the tribunal without an early conciliation certificate, claiming an exemption for interim relief.
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Preliminary hearing
A preliminary hearing was held to discuss jurisdiction. The claimant did not attend; the respondent was represented by a trainee solicitor.
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Written record sent
The tribunal sent a written record of the preliminary hearing to the parties, allowing for written representations.
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Claimant's submissions
The claimant made written representations arguing that the case should not be struck out, relying on Denton v TH White.
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Respondent's submissions
The respondent submitted that the tribunal had no jurisdiction and that Denton was irrelevant.
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Judgment issued
Regional Employment Judge Franey issued a judgment rejecting the claim under Rule 12(2) for lack of jurisdiction.
The legal issue
The tribunal had to decide whether it could hear the claim when the claimant had not provided an early conciliation certificate and had ticked a box claiming an exemption for interim relief, but had not actually applied for interim relief.
The outcome
The tribunal rejected the claim under Rule 12(2) of the Employment Tribunal Rules of Procedure 2013, meaning it could not proceed.
The key reason was that the claimant did not comply with the early conciliation requirement under section 18A of the Employment Tribunals Act 1996. The exemption for interim relief claims did not apply because the claimant had not made an application for interim relief.
No compensation was awarded as the claim was dismissed on jurisdictional grounds.
Lessons & takeaways
- Always obtain an early conciliation certificate from ACAS before presenting a claim to the employment tribunal, unless a specific exemption applies.
- If you think an exemption applies, make sure you have actually taken the steps required for that exemption, such as applying for interim relief.
- Seek legal advice early if you are unsure about the procedural requirements for bringing a tribunal claim.
- The tribunal will not overlook procedural failings even if the claim has already been served on the respondent.
This case highlights the importance of following the correct procedures when bringing an employment tribunal claim. The claimant, a service technician with three years' service, was dismissed and presented an unfair dismissal claim the day after his dismissal. However, he did not obtain an early conciliation certificate from ACAS, which is a mandatory step for most tribunal claims. Instead, he ticked a box on the claim form claiming an exemption for interim relief, but he had not actually made an application for interim relief.
What went wrong
The tribunal found that the exemption for interim relief only applies if the claimant has made an application for interim relief under section 128 of the Employment Rights Act 1996. Simply ticking a box on the claim form was not enough. The claimant argued that the case should not be struck out, relying on the Court of Appeal decision in Denton v TH White, but the tribunal held that Denton was irrelevant because the issue was not about relief from sanctions but about the tribunal's jurisdiction. Without a valid early conciliation certificate or a proper exemption, the tribunal had no power to hear the claim.
What the losing side could have done differently
The claimant could have contacted ACAS before presenting his claim to obtain an early conciliation certificate. If he believed he had a valid claim for interim relief, he should have made a formal application for interim relief at the same time as presenting his claim. Alternatively, he could have sought legal advice to understand the procedural requirements.
Why this matters
This case is a reminder that procedural requirements are strictly enforced by employment tribunals. Even if a claim has merit, failing to comply with early conciliation rules can result in the claim being rejected entirely. Claimants should ensure they have the correct documentation before filing a claim, and if in doubt, seek advice from a solicitor or an advice agency like ACAS.
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