Pregnancy discrimination claim struck out: the importance of early conciliation
A former employee's pregnancy discrimination and unfair dismissal claim was thrown out because she lodged her claim without an Acas early conciliation certificate. The tribunal ruled it had no jurisdiction.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant lodged her claim on 3 October 2021 without an Acas early conciliation certificate.
- The claimant claimed an exemption because another person she was making a claim with had a certificate.
- The tribunal requested further details on 18 November 2021 and again on 13 December 2021.
- An early conciliation certificate was issued on 29 December 2021, after the claim was lodged.
- The claimant accepted she was unaware of the requirement until the tribunal's letter of 13 December 2021.
- The respondent is a sole trader trading as Euroselect.
Timeline
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Claim lodged
The claimant lodged her claim form with the tribunal, claiming unfair dismissal (automatic on grounds of pregnancy) and pregnancy-related detriment and discrimination. She ticked the box confirming she did not have an Acas early conciliation certificate and claimed an exemption.
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Tribunal requests further details
The tribunal wrote to the claimant requesting further details about the exemption claimed.
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Tribunal writes again
The tribunal wrote to the claimant again, explaining she needed to provide an Acas early conciliation certificate or details of the exemption.
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Early conciliation certificate issued
Acas issued an early conciliation certificate; the conciliation period commenced on the same date.
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Claim acknowledged
The tribunal acknowledged the claim and accepted it.
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Respondent files response
The respondent filed its response to the claim.
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Hearing
The hearing took place at Cambridge Employment Tribunal. The claimant appeared in person; the respondent was represented by Mr A. Xhemajli (owner and sole trader).
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Judgment issued
Employment Judge Boyes issued a judgment that the tribunal had no jurisdiction because the claimant did not comply with early conciliation requirements.
The legal issue
The tribunal had to decide whether it could hear the claimant's pregnancy discrimination and unfair dismissal claims when she had not obtained an Acas early conciliation certificate before filing her claim.
The outcome
The tribunal struck out the claim entirely.
- The claimant lodged her claim on 3 October 2021 without an Acas early conciliation certificate, claiming an exemption that did not apply.
- The tribunal wrote to her twice explaining the requirement, and she obtained a certificate on 29 December 2021 – after the claim was filed.
- Under section 18A of the Employment Tribunals Act 1996, the tribunal has no jurisdiction to hear a claim lodged without a valid certificate or exemption. The claim was therefore dismissed.
Lessons & takeaways
- Always obtain an Acas early conciliation certificate before lodging an employment tribunal claim – it is a legal requirement and failing to do so can result in the claim being struck out.
- If you think an exemption applies, check carefully with Acas or a legal adviser; relying on a mistaken belief is not a valid excuse.
- The tribunal will not accept a claim without a valid certificate even if the respondent has already filed a response – jurisdiction cannot be cured retroactively.
- If your claim is struck out for this reason, you may be able to submit a fresh claim with the correct certificate, but you will need to apply for an extension of time.
A procedural hurdle that proved fatal
This case is a stark reminder that employment tribunals are strict about procedural requirements, even when the underlying claim involves serious allegations like pregnancy discrimination. The claimant, a former employee of Euroselect, lodged her claim on 3 October 2021 without an Acas early conciliation certificate. She ticked the box claiming an exemption because another person she was making a claim with had a certificate. But that exemption did not apply to her.
The tribunal wrote to her twice – on 18 November and 13 December 2021 – explaining that she needed to provide a certificate or details of a valid exemption. It was only after the second letter that she contacted Acas and obtained a certificate on 29 December 2021, nearly three months after lodging her claim. By then, it was too late.
What the employer could have done differently
The respondent, Euroselect, did not raise the jurisdiction issue at the outset – it filed a response to the claim in January 2022. However, the tribunal raised the matter itself. The employer could have flagged the missing certificate earlier, but ultimately the responsibility lies with the claimant. The tribunal's judgment makes clear that the requirement is mandatory and cannot be waived.
Why this matters for similar claims
The law (section 18A of the Employment Tribunals Act 1996) is clear: a claim must be preceded by an early conciliation certificate unless a specific exemption applies. Recent case law has confirmed that if the certificate is missing at the time of lodging, the tribunal has no jurisdiction – even if a certificate is obtained later. This means that claimants must ensure they have the certificate before submitting their claim form. For those who miss this step, the only option is to start again with a fresh claim and ask the tribunal to extend the time limit, which is not guaranteed.
This case also highlights that representing yourself (as the claimant did) carries risks. A simple procedural error can derail a claim that might otherwise have merit. Anyone considering a tribunal claim should seek advice on the early conciliation process before filing.
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