Legal update: A failure to comply with Early Conciliation requirements can be rectified, and the claim is treated as presented on the date the defect was rectified

18 December 2014

It has been held that a Claimant who incorrectly completed her ET1 form in respect of Early Conciliation requirements could rectify that defect.

In Thomas v Nationwide Building Society, a Claimant incorrectly suggested that she was exempt from Early Conciliation.  The Respondent raised this in its ET3 response, and the issue came to be considered at a preliminary hearing. 

The Tribunal found that she could rectify that defect by complying with the Early Conciliation procedure and by applying for a reconsideration of the Tribunal’s decision to reject the claim. This was still “early” conciliation because the claim had not yet been properly presented. The ET1 was treated as presented on the date the defect was rectified.  There was no need for a new ET1 claim to be presented, and therefore no need for the Claimant to incur an additional issue fee.  However, the question of whether the claim had been presented in time would now need to be considered.

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