Reynolds v Abel Estate Agents Ltd & Ors [2025] EWCA Civ 1357

What Happened
Elizabeth Reynolds worked for an estate agency in Hertford and was dismissed.

She said she was fired for whistleblowing and claimed unfair dismissal and detriment.

She applied for interim relief, which is exempt from the ACAS step — but she forgot that her detriment claim still needed its own Early Conciliation Certificate (ECC).

When her claim reached the tribunal, the employer argued it should never have been accepted because she hadn’t contacted ACAS.

The question went all the way to the Court of Appeal.

The Court confirmed a clear rule: if you don’t go through ACAS Early Conciliation, your claim has no legal footing.

“If the statute prohibits the claimant from presenting a claim, the natural consequence is that the tribunal is likewise precluded from entertaining it.”

In simple terms: if you skip ACAS, the tribunal can’t even look at your case — it has no power to hear it.

The judges said Parliament meant what it wrote.

The phrase “may not present” means you can’t start a case until you have an ACAS certificate.

Even if the tribunal staff make a mistake and let your claim in, that doesn’t fix the problem.

“The ability to bring proceedings and the tribunal’s jurisdiction are two sides of the same coin.”

So if the early conciliation process hasn’t been started, the claim is void and can’t be corrected later.

1. Always start with ACAS. It’s mandatory before you send in your ET1.
2. Each claim needs its own ACAS number. Different types of claim may require separate certificates.
3. Staff mistakes don’t save your claim. Even if the tribunal accepts it, it can later be struck out.
4. The exemption is narrow. Only interim relief and a few other cases qualify.
5. Act quickly. If your claim is rejected, you’ll need to start conciliation immediately and re-issue within time limits.

This decision reminds everyone that procedure matters just as much as substance.

The tribunal can’t overlook a missing step — even when it feels unfair.

The safest approach is always to begin with ACAS, get the certificate, and keep a record of the number.

• Reynolds v Abel Estate Agents Ltd & Ors [2025] EWCA Civ 1357
• Employment Tribunals Act 1996 s.18A
​​​​​• ACAS Early Conciliation Guidance