Out with the old, in with the new: Ian Smith praises a practical approach to early conciliation, plus runs through whistleblowing detriment & future loss
- The Court of Appeal has confirmed that an ACAS early conciliation certificate is a jurisdictional requirement for certain claims, though tribunals may still allow amendments without a fresh certificate—reinforcing a practical, non-technical approach.
- The Employment Appeal Tribunal ruled that the Jhuti principle (regarding hidden motives in dismissals) does not extend to whistleblowing detriment cases, protecting innocent managers from unintended liability.
- Recent cases emphasise that tribunals must base fairness strictly on the established reason for dismissal, and must properly assess future loss in compensation even amid uncertainty.
It is a mercy that the approach of the tribunals and courts to the present system of ACAS early conciliation (EC) has been one emphasising its practical working and avoiding technical interpretations and requirements that could frustrate its overall aim. This is in contrast to the old and notorious ‘standard procedures’ of the early noughties
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