![CA-2025-000379 - [2025] EWCA Civ 1357](https://backend.juristeca.com/files/emisores/logo_Sjvxvlx.png){kind=logo}
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ON APPEAL FROM THE EMPLOYMENT APPEAL TRIBUNAL
MR JUSTICE SWIFT
Royal Courts of Justice
Strand, London, WC2A 2LL
Before :
LORD JUSTICE SNOWDEN
LADY JUSTICE FALK
and
SIR NICHOLAS UNDERHILL
Between :
ELIZABETH REYNOLDS | Claimant/ Respondent |
- and - | |
(1) ABEL ESTATE AGENT LTD (2) ABEL LIVING LTD (3) ABEL OF HERTFORD LTD (4) AMI HAYWARD (5) CHARLES COURT (6) LUCINDA CASEY | Respondents/ Appellants |
Gus Baker and Jessica Franklin (instructed by Kilgannon & Partners LLP) for the Appellants
William Young and Chevan Ilangaratne (instructedthrough Advocate) for the Respondent
Hearing date: 12 June 2025
Approved Judgment
This judgment was handed down remotely at 10.30am on 27th October 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
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- Sir Nicholas Underhill
- PROCEDURAL HISTORY
- THE RELEVANT LEGISLATION
- THE EARLY CONCILIATION PROVISIONS
- The Statutory Provisions
- The Early Conciliation Regulations
- The Employment Tribunals Rules of Procedure
- THE EXTENT OF THE EARLY CONCILIATION OBLIGATIONS
- Langstaff P also approved observations made by HHJ Eady QC in Science Warehouse Ltd v Mills [2016] ICR 252 that, save for the obligation to provide contact information to ACAS, the early conciliation
- THE ISSUES
- THE APPEAL: JURISDICTION
- PARAS 29-30: “JURISDICTION”
- PARAS 31-32: CORE CONSTRUCTION
- PARAS. 33-34: CONSISTENCY WITH THE SCHEME OF THE RULES
- PARA. 35: LATE-DISCOVERED NON-COMPLIANCE
- PARAS. 37-38: THE AUTHORITIES
- PARAS. 39-40: DISMISSAL/STRIKING-OUT AS CASE MANAGEMENT
- CONCLUSION ON THE APPEAL
- THE CROSS-APPEAL: AMENDMENT
- THE ET’s DECISION
- THE APPELLANTS’ CHALLENGE
- Does section 18 A (1) apply to permission to amend?
- Was permission to amend wrong in principle?
- Judge Crosfill’s exercise of his discretion
- Conclusions