E.ON Control Solutions Ltd v Caspall (PRACTICE AND PROCEDURE - Application/Claim - Amendment) [2019] UKEAT 0003_19_1907 (19 July 2019)

E.ON Control Solutions Ltd v Caspall (PRACTICE AND PROCEDURE - Application/Claim - Amendment) [2019] UKEAT 0003_19_1907 (19 July 2019)

The Employment Tribunal erred in law by allowing amendment of a claim form to correct an inaccurate ACAS EC number, as the ET Rules require mandatory rejection of such claims and do not permit the exercise of discretion to amend or waive this requirement. Rule 6 does not override the mandatory obligation to reject under Rules 10 and 12.

Citation
[2019] UKEAT 0003_19_1907
Parties
Appellant: Claimant (unnamed); Respondent: E. ON Control Solutions Limited (formerly Matrix Control Solutions Ltd)
Jurisdiction
United Kingdom
Judgment Date
19 July 2019
Procedural Posture
Employment Appeal Tribunal / Appeal From Preliminary Hearing Decision of Employment Tribunal
Outcome
Appeal allowed; claims rejected
Legal Topics
ACAS Early Conciliation, Employment Tribunal Rules, Jurisdictional Requirements, Amendment of Claim, Access to Justice
Employment Law Civil Procedure ACAS Early Conciliation Employment Tribunal Rules Jurisdictional Requirements Amendment of Claim Access to Justice

Case Brief

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Parties

Claimant (unnamed)

Appellant

E. ON Control Solutions Limited (formerly Matrix Control Solutions Ltd)

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Preliminary Hearing Decision of Employment Tribunal

Legal Issues

  1. 1 Whether Employment Tribunal erred in allowing amendment to correct ACAS Early Conciliation (EC) number on claim form
  2. 2 Whether failure to include accurate EC number is a jurisdictional defect requiring mandatory rejection under ET Rules
  3. 3 Whether Rule 6 of ET Rules allows discretion to waive mandatory requirements of Rules 10 and 12

Ratio Decidendi

The Employment Tribunal erred in law by allowing amendment of a claim form to correct an inaccurate ACAS EC number, as the ET Rules require mandatory rejection of such claims and do not permit the exercise of discretion to amend or waive this requirement. Rule 6 does not override the mandatory obligation to reject under Rules 10 and 12.

Court Disposition

Appeal allowed; claims rejected

Orders

  • Claims rejected pursuant to Rule 12(2) of the ET Rules
  • Notice of rejection to be issued with reasons and information on right to apply for reconsideration under Rule 13