Acas Early Conciliation Procedure Is Not Necessary Before Adding A Claim
What are the changes?
The recent decision in Science Warehouse v Mills held that an Employment Tribunal can amend a claim to add an additional complaint even if there has been no Acas early conciliation procedure followed in respect of that new complaint.
What does the judgement mean to you?
This judgement means that claimants will not need to follow any additional early conciliation procedure to add to a complaint to an existing claim.
The decision opens a door to claimants who have already been through early conciliation procedures, and failed to successful resolve their claim, to add additional complaints in the Tribunal that may have had the potential to have been resolved during early conciliation.
However, in this particular case, the new complaint was related to the existing claim. Therefore, this suggests that complications may arise when a claimant is seeking to add an unrelated complaint to their existing claim in the Tribunal where they have failed to follow any early conciliation process in relation to the new complaint.
Need some advice?
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A member of our Employment Team will be able to assist you with any issues you may have regarding any of the above changes. Should you have any queries, do not hesitate to contact us on 01604 258558.