Mr L Grenside v Gap Personnel Holdings Limited — 2021

The claimant, Mr L Grenside, presented a claim against Gap Personnel Holdings Limited. In box 2.3 of the claim form he asserted that no early conciliation certificate was required because the respondent had already been in touch with ACAS. The tribunal took that statement at face value and did not reject the claim form at the outset.

The response form said the opposite, and the tribunal considered that the claimant may simply have ticked the box because he had not undergone early conciliation. By a letter dated 20 September 2021, the tribunal gave the claimant an opportunity to provide evidence that the respondent had contacted ACAS before the claim was presented, or to ask for the point to be considered at a hearing on 2 December 2021. The claimant did not reply.

On that basis, the tribunal found that the early conciliation exemption relied on by the claimant did not apply. The claimant was therefore required to undergo early conciliation before presenting the claim. The tribunal said that if the claim form had been completed accurately it would have been rejected under Rule 12(2).

The claim was struck out under Rule 37(1)(a) on the basis that the tribunal had no jurisdiction to consider it and there was therefore no reasonable prospect of success. No substantive findings were made on the underlying employment claims, and no monetary award was made.