EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 3332431/2018 Held at Edinburgh on June 20195 Employment Judge: M A Macleod Jill Morrison v Bestway Wholesale Limited — 2019

The claimant presented a claim on 29 August 2018 complaining that she had been unfairly dismissed by Bestway Wholesale Ltd. Her employment had ended with effect from 16 April 2018 following dismissal without notice for gross misconduct, and her internal appeal was rejected by letter dated 13 June 2018. The preliminary hearing on 10 June 2019 was listed to determine whether the Tribunal had jurisdiction to hear the case.

The claimant had not supplied an ACAS Early Conciliation certificate number in her ET1 and stated that this was because her employer had already been in touch with ACAS. The Tribunal considered the ACAS letter dated 22 November 2018, the email from Jenny McDermott dated 9 August 2018, and the claimant's evidence about a telephone conversation with Ms McDermott. It found that the ACAS letter was sent after the claim had been presented, that Ms McDermott's email did not show the respondent had contacted ACAS, and that the claimant had not proved that the respondent had done so.

Applying the Early Conciliation provisions and Rule 10, the Tribunal concluded that no Early Conciliation certificate had been provided and no basis for an exemption had been established. The Tribunal therefore held that it lacked jurisdiction and dismissed the unfair dismissal claim. Because of that conclusion, it did not decide the respondent's alternative time-bar argument under section 111 of the Employment Rights Act 1996. No remedy was awarded.