Extension of time does not apply to second early conciliation period

Claimant Representatives beware!

In Commissioners for HM Revenue and Customs v Garau (UKEAT/0348/16/LA), the EAT has held that the early conciliation (EC) provisions in the Employment Rights Act 1996 do not allow for more than one EC certificate per ‘matter’ to be issued by ACAS. If more than one such certificate is issued, a second or subsequent certificate is outside the statutory scheme and has no impact on the limitation period.

Note: We assume the impact of this does not apply in the event that an ACAS Certificate is issued against an incorrect Respondent name and then a further second rectifying request for ACAS Early Conciliation is made against the correct Respondent name and a second and correct Certificate is issued thereafter.

Link to case report