• Robert Spicer

ACAS Early Conciliation Certificate: names of employers

Early conciliation certificate

Case Savage v JC 1991 LLP and others (2017) Morning Star, August 18

Facts S was dismissed for alleged gross misconduct. During her employment, the name of her employer changed several times without her knowledge. She complained of unfair dismissal and entered three names for her former employer on the ET1. Her early conciliation certificate only related to two names. The ET rejected her claim against the third name on the ET1 on the basis that she had not obtained an EC certificate in relation to the third name. She appealed on the basis that the third name was not required.

Decision 1. The appeal was allowed.

2. The two EC certificates applied to three employers because two were the same entity.

3. Noting the uncertainty as to the name of S’s former employer, caused in large part by the former employer, S had tried to deal with that uncertainty by naming three respondents.

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