Cottrell v Avon Cosmetics Ltd (Practice and Procedure) [2022] EAT 89 (14 June 2022)

Cottrell v Avon Cosmetics Ltd (Practice and Procedure) [2022] EAT 89 (14 June 2022)

The appeal was dismissed because the claimant failed to comply with the mandatory ACAS early conciliation requirement in respect of Avon, made no application to add Avon as a party, and the reconsideration application raised no new matters warranting revocation of the dismissal.

Citation
[2022] EAT 89
Parties
Claimant: Mrs E Cottrell; Respondent: Avon Cosmetics Ltd; Respondent: Echo Personnel Limited
Jurisdiction
United Kingdom
Judgment Date
14 June 2022
Procedural Posture
Employment Appeal Tribunal / 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

Claimant

Avon Cosmetics Ltd

Respondent

Echo Personnel Limited

Respondent

Procedural Posture

Employment Appeal Tribunal / 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 was dismissed because the claimant failed to comply with the mandatory ACAS early conciliation requirement in respect of Avon, made no application to add Avon as a party, and the reconsideration application raised no new matters warranting revocation of the dismissal.

Court Disposition

Appeal dismissed