11 July 2017

In 'Giny v SNA Transport Limited UKEAT/0317/16', the EAT has upheld an Employment Tribunal’s decision to reject a claim on the basis that it lacked jurisdiction.

The claimant (who was at that stage unrepresented) had notified ACAS under the early conciliation procedure but had erroneously identified an individual as his employer and the “prospective respondent” rather than the employing company.

He did however, give the correct address. ACAS duly issued an early conciliation certificate containing that information. Having taken legal advice, the Claimant issued his ET1 claim form, correctly naming the corporate entity as his employer/ the respondent. The Employment Tribunal rejected the claim on the basis that the difference between the name on the early conciliation certificate and the ET1 was not a “minor error”.

On appeal, the Employment Appeal Tribunal has upheld the Employment Tribunal's decision. In reaching that conclusion however, the EAT did not accept that the difference between the names of a natural person and a legal person could never, (as a matter of law), be a minor error.

This decision is a helpful reminder to claimants of the importance of taking care when completing ACAS early conciliation notifications and ET1 claim forms. While a Tribunal can exercise its discretion to allow a claim to proceed where it considers that the claimant has made a “minor error” in relation to a name or address, the EAT pointed out that “each case involves a judgment on its own facts”. Not every error will be deemed to be “minor”, meaning that valid claims could be prevented from proceeding due to such a technical error. The case also serves as a helpful reminder to respondent clients of the importance of checking name and address information on ACAS early conciliation forms and ET1 claim forms. Errors can present early “knock out” opportunities. Please contact your BTO contact for help and guidance on the claim or response process.

Contact: Lesley Grant Associate ljg@bto.co.uk T. 0141 221 8012