Thomas v Nationwide Building Society ET/1601342/14

In the first reported case on early conciliation, an employment judge has held that a claimant who incorrectly completed her ET1 to suggest that she was exempt from undertaking Acas early conciliation (EC) could rectify that defect by completing the EC procedure and by applying for a reconsideration of the tribunal's decision to reject the claim. 

However, her ET1 was then treated as presented on the date that the defect was rectified. This meant that, while there was no need for a fresh ET1 to be presented (and no need for a further issue fee to be incurred), the question of whether the claim had been presented in time would need to be considered.