Unfair dismissal claim rejected over early conciliation certificate error
A road operative's unfair dismissal claim was dismissed because his claim form omitted the full early conciliation certificate number and incorrectly claimed an exemption. The tribunal had no jurisdiction to hear the case.
1 min read · Last updated 18 May 2026
Case details
- #early-conciliation
- #jurisdiction
- #rejection
- #procedural-error
- #acas-certificate
Key facts
- The claimant was dismissed from his role as a road operative on 22 April 2021.
- ACAS issued an early conciliation certificate on 29 June 2021 with reference R150862/21/42.
- The claimant submitted an ET1 claim form on 20 July 2021 without including the full early conciliation certificate number.
- The claim form incorrectly stated that an early conciliation exemption applied.
- The claimant and his brother did not have the first ACAS certificate when completing the form.
- The tribunal found it had no jurisdiction due to non-compliance with early conciliation requirements.
Timeline
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Employment started
Mr Allen began working as a road operative for Ringway Infrastructure Services Limited.
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Dismissal
Mr Allen was dismissed from his employment.
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ACAS first contacted
ACAS was contacted in connection with early conciliation.
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First ACAS certificate issued
ACAS issued the first early conciliation certificate with number R150862/21/42.
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Second ACAS contact
ACAS was contacted again, and a second reference number R156857/21 was issued.
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Claim form submitted
Mr Allen submitted his ET1 claim form to the tribunal, including two ACAS reference numbers but not the full certificate numbers, and incorrectly claiming an exemption.
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Second ACAS certificate issued
ACAS issued the second early conciliation certificate with number R156857/21/19.
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Tribunal requested clarification
The tribunal wrote to the claimant asking for clarification about the early conciliation numbers and requested copies of the certificates.
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Certificates provided
Dr Allen provided both ACAS certificates to the tribunal.
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Preliminary hearing (jurisdiction)
An open preliminary hearing was held before Employment Judge Boyes to determine whether the tribunal had jurisdiction.
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Judgment on jurisdiction
Employment Judge Boyes issued a judgment rejecting the claim under rules 12(1)(c) and 12(1)(d) for failure to include a valid early conciliation certificate number and incorrectly claiming an exemption.
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Reconsideration application
The claimant applied for reconsideration of the judgment.
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Reconsideration refused
Employment Judge Boyes refused the reconsideration application, confirming the original judgment.
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Preliminary hearing (time limits)
An open preliminary hearing was held before Employment Judge de Silva KC to determine whether the claim was presented within time limits.
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Final judgment
Employment Judge de Silva KC dismissed the claim as presented outside the time limits in sections 111(2)(a) and (b) of the Employment Rights Act 1996.
The legal issue
The tribunal had to decide whether it could hear the unfair dismissal claim when the claimant failed to include the correct early conciliation certificate number on the claim form and wrongly claimed an exemption, which is a mandatory jurisdictional requirement.
The outcome
The tribunal dismissed the claim for lack of jurisdiction. The claimant, a road operative with 5 years' service, was dismissed on 22 April 2021. He contacted ACAS on 28 June 2021 and received a certificate (R150862/21/42) on 29 June 2021. However, when he submitted his ET1 claim form on 20 July 2021, he did not include the full certificate number and instead ticked a box claiming an exemption, which was incorrect. The tribunal rejected the claim under rules 12(1)(c) and 12(1)(d) of the Employment Tribunals Rules of Procedure. The claimant's application for reconsideration was refused, and a later hearing confirmed the claim was also out of time. No compensation was awarded as the claim was dismissed at the jurisdictional stage.
Lessons & takeaways
- Always include the full early conciliation certificate number on your claim form – missing even a part can be fatal to your case.
- Do not tick the 'exemption' box on the ET1 unless you are certain an exemption applies; doing so incorrectly can lead to immediate rejection.
- If you are unsure about the process, seek legal advice or use ACAS guidance – procedural errors are not usually curable after the claim is lodged.
- Keep a copy of your ACAS certificate and double-check the number before submitting your claim.
A procedural slip that cost a claim
This case shows how a seemingly small mistake on a claim form can derail an entire unfair dismissal case. The claimant, a road operative with five years' service, was dismissed in April 2021. He contacted ACAS and received an early conciliation certificate, but when he filled in the ET1 claim form, he did not include the full certificate number and wrongly claimed an exemption. The tribunal ruled it had no jurisdiction to hear the claim.
What could have been done differently
The claimant and his brother, who helped him, were unsure which reference number to use. They had two ACAS numbers but did not have the full certificate to hand. If they had waited for the certificate or checked the number carefully, they could have avoided the error. The tribunal made clear that the requirement is strict – a valid certificate number must be included, and the exemption box must not be ticked unless it genuinely applies.
Why this matters for similar claims
This case is a reminder that employment tribunals are sticklers for procedural rules. Early conciliation is a mandatory step, and the claim form must be completed accurately. Even if you have a strong unfair dismissal case, failing to comply with these technical requirements can mean your claim is thrown out without any consideration of the merits. If you are representing yourself, take extra care with the form – or consider getting professional help to avoid these pitfalls.
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