Acas certificate valid despite naming two respondents 


Case 6: The facts


Mr De Mota included two respondents on his ET1 claim form. The first was ADR Network, a supplier of professional LGV drivers. The second was The Co-operative Group. Acas then issued an Early Conciliation (EC) certificate naming both respondents. 


A tribunal then rejected the claim on the basis that it did not have jurisdiction to hear it due to an error in the issue of the EC certificate. This was due to the requirement under regulation 4 of the Employment Tribunals (Early Conciliation, Exemption and Rules of Procedure) Regulations 2014 that where there is more than one respondent, there must be a separate EC form for each. 


De Mota appealed to the Employment Appeal Tribunal (EAT).


Ruling


The EAT allowed the appeal and confirmed the tribunal had erred in failing to accept the EC certificate and allow the claim to proceed. 


De Mota v ADR Network & Anor UKEAT/0305/16/DA

www.bailii.org/uk/cases/UKEAT/2017/0305_16_1309.html