Sainsbury’s Supermarkets Ltd v Clark [2023]

Posted In: Case Law
  • Case Reference
    EWCA Civ 386
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: Early Conciliation; Claim Forms


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

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This article is correct at 12/04/2023

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.

Jason Elliott BL

The main content of this article was provided by Jason Elliott BL. Email

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