Case 3311660/2023 · Employment Tribunal
Mr G Deane (counsel) For the v Respondent — 2024
- Case reference
- 3311660/2023
- Decision date
- 2 September 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Anderson Appearances
- Venue
- Bury St Edmunds
Parties
1 namedClaimant
Mr G Deane (counsel) For the
Respondent
- —
Key findings
Tribunal's reasoningThe claimants sought to bring claims that the respondent failed to allow time off for trade union duties under s170 Trade Union and Labour Relations (Consolidation) Act 1992. The tribunal considered whether the early conciliation certificate issued to Gary Joy following conciliation about unpaid wages was sufficient for these claims about unpaid time off to attend a trade union conference.
The tribunal found that the early conciliation between 12 and 21 July 2023 concerned alleged unlawful deduction from wages and that time off for union activities was not raised. It found no factual or causal connection between that matter and the claims before it, other than Gary Joy being affected by both.
The tribunal concluded that the claimants had not complied with the requirement to contact ACAS before instituting proceedings under s18A Employment Tribunals Act 1996. It therefore held that it had no jurisdiction to determine the claims and dismissed them.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | The claim concerned alleged failure to allow time off for trade union duties under s170 Trade Union and Labour Relations (Consolidation) Act 1992. It was dismissed because the tribunal found the claimants had not complied with the ACAS early conciliation requirement and the tribunal had no jurisdiction. | Dismissed | — | — |
Legal tests applied
6 references- s18A Employment Tribunals Act 1996
- s170 Trade Union and Labour Relations (Consolidation) Act 1992
- Compass Group v Morgan UKEAT/0060/16/RN
- Drake International Systems Ltd v Blue Arrow Ltd [2016] ICR 445 EAT
- Science Warehouse Ltd v Mills [2016]
- Akhigbe v St Edward Homes Ltd and ors 2019 ICR D6, EAT
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.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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