EC certificate number must be submitted in timely manner

The case of Pryce v Baxterstorey Ltd [2022] EAT 61 shows the importance of claimants including the Acas Early Conciliation (EC) certificate number on their tribunal claim forms at the time of submission. 


The Employment Appeal Tribunal (EAT) confirmed that if an employee obtains an EC certificate after lodging a claim and sends it to the tribunal, this will not remedy the procedural defect of lodging a claim form (ET1) without a certificate.


Under s18(8) of the Employment Tribunals Act 1996, someone who should comply with the EC requirement may not present an employment tribunal claim without first obtaining an EC certificate. 


In this case, Pryce lodged her ET1 (claiming race and sex discrimination) without getting her EC certificate number. A few days later she emailed the tribunal including a copy of a certificate which she had now obtained. Initially allowed to proceed, her claims were later dismissed for lack of jurisdiction. 


She appealed to the EAT which rejected her appeal. The EAT concluded that sending the EC certificate could not be considered a “re-presentation” of the claim, as the tribunal rules require a completed ET1 to be sent to the tribunal. 


There was no jurisdiction for either the tribunal (or respondent) to waive this requirement as it is necessary for the form to be re-presented with the details of the EC certificate included.