Mr M Johnson v The Chambers of Mr Andrew Trollope QC and Mr Richard Christie QC — 2018

Mr Johnson had been employed by the Respondents, a set of barristers' chambers, as Senior Clerk for just under six years before his summary dismissal on 2 August 2018. He presented a claim form on 6 December 2018 alleging unfair and wrongful dismissal, but the Respondents said the claim relied on an earlier ACAS early conciliation certificate that named the prospective respondent incorrectly.

The Employment Judge confirmed the earlier oral decision to reject the claim form. Relying on E.ON Control Solutions Ltd v Caspall and HMRC v Serra Garau, the tribunal held that a second ACAS certificate was not valid for the purposes of section 18A of the Employment Tribunals Act 1996 and rule 12(1)(c) of the Employment Tribunals Rules 2013. The first certificate's naming error did not invalidate it, and the mandatory rejection provisions therefore applied.

The claimant had re-submitted the claim form on 13 September 2019, but the tribunal held that the claim was treated as presented on that date under rule 13(4) and was still out of time. The primary limitation period for unfair and wrongful dismissal had expired on 15 November 2018. The tribunal found it had been reasonably practicable to present a valid claim within time, noting that the claimant was legally represented throughout and that the original error was unexplained. The proceedings were therefore dismissed and the tribunal had no jurisdiction to consider the claims.