Acas certificate could cover future claims

06 October 2016

Before someone can bring a claim in the employment tribunal they must usually have first notified Acas.

Compass Group v Morgan

Before someone can bring a claim in the employment tribunal they must usually have first notified Acas. A conciliation period follows, during which settlement is explored. If the case isn’t settled within the conciliation period, Acas issues a certificate to that effect. It’s at that point the Claimant can take their claim further.

In Compass Group v Morgan there was a question over which claims were and were not covered by the Acas certificate. Could the tribunal hear a constructive dismissal claim where the resignation happened after the conciliation certificate had been issued (meaning it could not have been contemplated when the certificate was issued)?

Yes, held the EAT. There is flexibility in the rules to enable events that happened post-certificate to be covered by it. However, the issues need to be connected. In this case, there was a sequence of events. Ms Morgan initiated the early conciliation procedure in respect of her grievance, which was about having been told that she would be working at an alternative location and in a less senior position. Although she didn’t resign until after the early conciliation certificate had been issued, there was a connection between her constructive dismissal claim and the complaints that had formed part of early conciliation.


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