Case 3201463/2020 · Employment Tribunal
Mrs M McWade v Fedex Express and 1 other — 2020
- Case reference
- 3201463/2020
- Decision date
- 7 September 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Taylor Appearances
- Venue
- East London Hearing Centre
Parties
3 namedClaimant
Mrs M McWade
Respondents
Key findings
Tribunal's reasoningThe claimant presented her claim on 29 June 2020 against FedEx Express UK Ltd and Ms Emma Symons. She had an Early Conciliation Certificate naming FedEx Express UK Ltd, but the tribunal found that the claim against Ms Symons had been rejected because the claimant had not complied with rule 10(1)(c) of the Employment Tribunals Rules of Procedure 2013. The tribunal said a separate EC certificate number was required for Ms Symons.
The claimant applied for reconsideration of that part-rejection by email on 5 August 2020. The tribunal noted that the respondent was not required to take part in the application. It referred to sections 18A and 18B of the Employment Tribunals Act 1996, the Early Conciliation Rules, and rule 10(1)(c), and treated the requirement to provide an Acas Early Conciliation Certificate number as mandatory.
The claimant relied on Commissioners for HM Revenue and Customs v Serra Garau and Mist v Derby Community NHS Trust, but the tribunal said neither case assisted because they concerned different issues. It treated E.ON Control Solutions Ltd v Caspall as the relevant authority and followed it in holding that a claim form with an inaccurate or missing EC certificate number had to be rejected.
The tribunal concluded that the claimant had not provided an Acas Early Conciliation Certificate when seeking to bring a claim against Ms Symons, so the claim remained rejected under the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 Sch. 1 para. 10(c) and para. 12(1)(c). The application for reconsideration of the part-rejection was therefore dismissed. No merits findings or monetary award were made in this judgment.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Application for reconsideration of the rejection of the claim against the second respondent, Ms Symons, was dismissed. The tribunal held that a separate Acas Early Conciliation certificate number was mandatory for that respondent and had not been provided. | Dismissed | — | — |
Legal tests applied
4 references- sections 18A and 18B Employment Tribunals Act 1996
- rule 10(1)(c) Employment Tribunals Rules of Procedure 2013
- Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 Sch.1 para.10(c) and para.12(1)(c)
- E.ON Control Solutions Ltd v Caspall [2020] ICR 552
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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