De Mota v ADR Network and another

Employment – Jurisdiction. The employment tribunal (ET) had struck out the claimant's claim, alleging unfair dismissal, breach of contract, unlawful deduction from wages, holiday pay and notice pay, having ruled that he had not satisfied s 18A of the Employment Tribunals Act 1996, and that he had no standing to bring the claim. The Employment Appeal Tribunal, in allowing the claimant's appeal, held that the ET had erred in, among other things, examining the process prior to the grant of an early conciliation certificate, in order to assess whether the claimant had been barred from instituting proceedings by s 18A(8) of ETA 1996.

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