Abel Estate Agent Ltd & Ors v Elizabeth Reynolds

Abel Estate Agent Ltd & Ors v Elizabeth Reynolds

Failure to comply with early conciliation requirements under section 18A of the Employment Tribunals Act 1996 does not deprive the Employment Tribunal of jurisdiction to hear the claim; procedural defects may be addressed but do not bar substantive consideration.

Parties
Appellant/respondent: Abel Estate Agent Ltd; Appellant/respondent: Abel Living Ltd; Appellant/respondent: Abel of Hertford Ltd; Appellant/respondent: Ami Hayward; Appellant/respondent: Charles Court; Appellant/respondent: Lucinda Casey; Respondent/claimant: Elizabeth Reynolds
Jurisdiction
England and Wales
Judgment Date
20 January 2025
Procedural Posture
Employment Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Early Conciliation, Jurisdiction, Strike Out, Amendment of Claim, Unfair Dismissal, Protected Disclosure
Employment Law Civil Procedure Early Conciliation Jurisdiction Strike Out Amendment of Claim Unfair Dismissal Protected Disclosure

Case Brief

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Parties

Abel Estate Agent Ltd

Appellant/respondent

Abel Living Ltd

Appellant/respondent

Abel of Hertford Ltd

Appellant/respondent

Ami Hayward

Appellant/respondent

Charles Court

Appellant/respondent

Lucinda Casey

Appellant/respondent

Elizabeth Reynolds

Respondent/claimant

Procedural Posture

Employment Appeal / Judgment on Appeal

Legal Issues

  1. 1 Does failure to comply with early conciliation requirements deprive the Employment Tribunal of jurisdiction?
  2. 2 Should the section 48 claim be struck out or dismissed for want of jurisdiction?
  3. 3 Was the amendment to add section 48 claims lawful?

Ratio Decidendi

Failure to comply with early conciliation requirements under section 18A of the Employment Tribunals Act 1996 does not deprive the Employment Tribunal of jurisdiction to hear the claim; procedural defects may be addressed but do not bar substantive consideration.

Court Disposition

appeal dismissed

Orders

  • Employment Tribunal’s decision under rule 12 to reject the section 48 claim set aside.
  • Decision granting permission to amend to add section 48 claims set aside.