Sainsbury’s Supermarkets Ltd v Clark Posted In: Case Law
Case ReferenceEWCA Civ 386
Legal BodyEngland and Wales Court of Appeal (EWCA)
Type of Claim / JurisdictionTribunal Practice, Procedures and Jurisdictional Issues
The claimants brought equal pay claims. The claimants did apply to ACAS for an early conciliation certificate but on some of the claim forms it was omitted. The rules of procedure required that the Tribunal staff should refer those claims to the Employment Judge but there was no automatic rule rendering the proceedings void. Instead, the Tribunal could waive or vary the requirement.
At first instance, the Tribunal permitted all claims where there was an early conciliation (EC) number but rejected those where there was no number. This was appealed to the EAT who stated it was not a mandatory requirement and allowed the appeal. The respondent appealed
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.