Reynolds v Abel Estate Agent Ltd & Ors [2025] EWCA Civ 1357 (27 October 2025)

Reynolds v Abel Estate Agent Ltd & Ors [2025] EWCA Civ 1357 (27 October 2025)

Failure to comply with section 18A of the Employment Tribunals Act 1996 by not invoking the early conciliation process before presenting a claim deprives the Employment Tribunal of jurisdiction to entertain the detriment claim. The claim must be dismissed or struck out for want of jurisdiction, and case management powers cannot cure substantive statutory non-compliance.

Citation
[2025] EWCA Civ 1357
Parties
Claimant/respondent: Elizabeth Reynolds; Respondent/appellant: Abel Estate Agent Ltd; Respondent/appellant: Abel Living Ltd; Respondent/appellant: Abel of Hertford Ltd; Respondent/appellant: Ami Hayward; Respondent/appellant: Charles Court; Respondent/appellant: Lucinda Casey
Jurisdiction
England and Wales
Judgment Date
27 October 2025
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal Judgment
Outcome
Appeal allowed; cross-appeal dismissed
Legal Topics
Early Conciliation, Jurisdiction, Whistleblowing, Unfair Dismissal, Detriment, Case Management, Amendment of Claim
Employment Law Civil Procedure Early Conciliation Jurisdiction Whistleblowing Unfair Dismissal Detriment Case Management +1 more

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Parties

Elizabeth Reynolds

Claimant/respondent

Abel Estate Agent Ltd

Respondent/appellant

Abel Living Ltd

Respondent/appellant

Abel of Hertford Ltd

Respondent/appellant

Ami Hayward

Respondent/appellant

Charles Court

Respondent/appellant

Lucinda Casey

Respondent/appellant

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Does failure to comply with section 18A of the Employment Tribunals Act 1996 deprive the Employment Tribunal of jurisdiction to hear detriment claims under section 48 of the Employment Rights Act 1996?
  2. 2 Can a claim be amended or reinstated after dismissal for lack of jurisdiction due to early conciliation non-compliance?

Ratio Decidendi

Failure to comply with section 18A of the Employment Tribunals Act 1996 by not invoking the early conciliation process before presenting a claim deprives the Employment Tribunal of jurisdiction to entertain the detriment claim. The claim must be dismissed or struck out for want of jurisdiction, and case management powers cannot cure substantive statutory non-compliance.

Court Disposition

Appeal allowed; cross-appeal dismissed

Orders

  • The detriment claim is dismissed for lack of jurisdiction under rule 27 of the Employment Tribunals Rules of Procedure.
  • Permission to amend the claim form is not restored.