Compass Group UK & Ireland Ltd v Morgan

Under section 18A(1) of the Employment Tribunals Act 1996, an early conciliation certificate is not confined to events or causes of action existing when ACAS is contacted or when the certificate is issued. The statutory phrase “relating to any matter” has its ordinary, deliberately broad meaning.

Proceedings may therefore relate to matters notified to ACAS even where a cause of action crystallises later, including constructive dismissal following a later resignation. The question is one of fact and degree. A certificate is not a free pass for unrelated proceedings, but certification will ordinarily demonstrate compliance unless the respondent has a good and compelling basis for challenge.

The respondent appealed from a preliminary ruling by Employment Judge Hyde, promulgated on 14 December 2015. The Employment Judge held that the claimant’s early conciliation certificate could support a constructive unfair dismissal complaint even though her resignation occurred after the certificate had been issued.

The claimant had contacted ACAS after disputes concerning her work location, role and grievance. She later resigned and presented proceedings including complaints of failure to make reasonable adjustments and constructive unfair dismissal. The central issue was whether the later dismissal proceedings were proceedings relating to a matter notified to ACAS under section 18A(1) of the Employment Tribunals Act 1996.

The unanimous appeal was dismissed. The Employment Appeal Tribunal, consisting of Simler J, Bleiman and Pagliari, held as follows.

1. The words “relating to any matter” in section 18A(1) of the Employment Tribunals Act 1996 are ordinary English words. Parliament deliberately chose flexible language referring to a necessary link between the proceedings and the matter, rather than to a cause of action or claim. The prescribed information is limited to the names and addresses of the prospective parties.

2. The legislation imposes no express temporal limit. An early conciliation certificate may therefore cover proceedings concerning a cause of action that crystallises after the conciliation process or certificate, provided the proceedings relate to matters between the notified parties.

3. There is no principled distinction between dismissal and other causes of action. A deteriorating employment relationship may constitute the relevant matter, and a later resignation may be an additional factual matter related to it. Section 18A(9), concerning reinstatement or re-engagement, did not justify a temporal restriction.

4. Whether proceedings relate to the notified matter is a question of fact and degree for the tribunal, to be determined with good common sense. The certificate will ordinarily establish compliance. A respondent requires a good and compelling basis to challenge it. The certificate does not permit proceedings about an unrelated matter.

5. On the facts, the constructive dismissal complaint was connected with matters in dispute during early conciliation, including alleged breaches of mutual trust and confidence. The Employment Judge was entitled to reach that conclusion and had made no error of law.

• Employment Appeal Tribunal: appeal from the preliminary ruling of Employment Judge Hyde, promulgated on 14 December 2015, dismissed.