E Cottrell v Avon Cosmetics Ltd

E Cottrell v Avon Cosmetics Ltd

The appeal failed because the claimant did not comply with ACAS early conciliation requirements for Avon, did not apply to add Avon as a party, and the reconsideration application raised no new matters justifying revocation of the dismissal; the tribunal had no jurisdiction over Avon.

Parties
Appellant: Mrs E Cottrell; Respondent: Avon Cosmetics Ltd
Jurisdiction
England and Wales
Judgment Date
14 June 2022
Procedural Posture
Employment Appeal / Judgment on Appeal Against Refusal to Reconsider Dismissal of Claim
Outcome
appeal dismissed
Legal Topics
ACAS Early Conciliation, Jurisdiction, Addition of Parties, Reconsideration of Judgment
Employment Law Civil Procedure ACAS Early Conciliation Jurisdiction Addition of Parties Reconsideration of Judgment

Case Brief

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Parties

Mrs E Cottrell

Appellant

Avon Cosmetics Ltd

Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal Against Refusal to Reconsider Dismissal of Claim

Legal Issues

  1. 1 Whether the employment judge erred in refusing to reconsider dismissal of the claim against Avon for failure to comply with ACAS early conciliation requirements
  2. 2 Whether the tribunal should have considered adding Avon as a respondent

Ratio Decidendi

The appeal failed because the claimant did not comply with ACAS early conciliation requirements for Avon, did not apply to add Avon as a party, and the reconsideration application raised no new matters justifying revocation of the dismissal; the tribunal had no jurisdiction over Avon.

Court Disposition

appeal dismissed