Whither the ACAS EC certificate

For some years now, employment practitioners have been required, under s18A of the Employment Tribunals Act 1996, to check that a Claimant has completed an ACAS Early Conciliation certificate and been issued with an ‘EC Number’ before litigation can proceed.

Absence of such a certificate has meant that the Employment Tribunal can decline jurisdiction.

However in the case of Abel Estate Agents Ltd and Others v Elizabeth Reynolds [2025] EAT 6, Mr Justice Swift held that failure to comply with the early mediation requirements did not deprive the Employment Tribunal its jurisdiction to hear a claim.

News to all of us!

This case goes on appeal to the CA in a few days.

In the meantime, the case of Science Warehouse v Mills, EAT [2015], at paras 28/29 acts like the thirteenth fairy in Sleeping Beauty in that it clarifies that this can still be a matter for the court exercising its Case Management powers.