An early conciliation certificate extends to a claim of constructive dismissal where resignation occurred after the certificate was issued


The Employment Appeal Tribunal (EAT) has confirmed that a complaint of unfair constructive dismissal was validly accepted where the employee’s resignation postdated the early conciliation certificate but was connected with the facts and allegations which prompted the claimant to first register a potential claim with Acas.

The EAT held that the employment tribunal had correctly concluded that the employee’s resignation, triggered by breach of the implied duty of trust and confidence and a failure to consider her grievance properly, was connected with the facts and allegations which led to the referral to Acas under the early conciliation procedure. The mandatory obligation on a prospective claimant with regard to early conciliation was not limited to referring individual causes of action or specific claims to Acas.

Compass Group UK & Ireland Ltd v Morgan UKEAT/0060/16.

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