The EAT has ruled in Cranwell v Cullen that it does not have jurisdiction to hear a claim where the claimant has failed to comply with the requirement to submit their claim to ACAS.
Ms Cranwell presented a claim that she had been badly treated by her employer to an Employment Tribunal without first having complied with the obligation to complete the ACAS Early Conciliation process.
Whilst the EAT had a degree of sympathy for Ms Cranwell it concluded that it was not able to hear her claim as she had not complied with the ACAS Early Conciliation process.
This is good news for employers as it demonstrates that tribunals are required to take a strict approach to compliance with the ACAS Early Conciliation Procedure. Whilst it is unlikely that there will be many occasions where this is an issue, compliance with the procedure should always be checked.
Consistent with our policy when giving comment and advice on a non-specific basis, we cannot assume legal responsibility for the accuracy of any particular statement. In the case of specific problems we recommend that professional advice be sought.