![CA-2025-000379 - [2025] EWCA Civ 1357](https://backend.juristeca.com/files/emisores/logo_Sjvxvlx.png){kind=logo}
THE EARLY CONCILIATION PROVISIONS
THE EARLY CONCILIATION PROVISIONS
The broad framework of the early conciliation provisions is set out in primary legislation, being sections 18-19A of the ETA, which are headed “Conciliation”. The scheme is then fleshed out in secondary legislation. I take the two in turn.
- Heading
- 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