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This appeal brings into the spotlight a number of questions which, among other things, relate to the correct statutory interpretation of s.18A Employment Tribunals Act 1996. This provision requires, save for limited exceptions, a Claimant to engage in ACAS Early Conciliation before lodging a claim in the Employment Tribunal.
The appeal covers an important procedural point given the EAT judgment introduced a significant amount of uncertainty about the effect of failure to comply with the early conciliation procedures, and Employment Tribunals will be seeking guidance from the Court of Appeal as to how to interpret them in future.
Outer Temple’s Employment Law team are representing both parties in the appeal. Gus Baker and Jessica Franklin are instructed by Yeing-Lang Chong and Gerard Airey of Kilgannon & Partners for the appellant, whilst the respondent is represented by Will Young and Chevan Ilangaratne. Both Will and Chevan are instructed via the Pro Bono Charity of the Bar, Advocate.
The earlier EAT judgment can be found here.
Will’s practice is divided primarily between personal injury, clinical negligence and employment. He appears regularly in the Employment Tribunal (acting both for Claimants and Respondents), as well as the Employment Appeal Tribunal. He also provides written advice and drafts pleadings when required. Will has a particular interest in employment cases involving allegations of psychiatric injury caused by discrimination or whistleblowing detriment, often in high-pressure legal, financial services, or similar employment.
Gus’ practice focuses on employment, pensions, commercial litigation (including arbitration) and professional negligence disputes arising from his core practice areas. He has extensive experience in handling employment cases in the High Court, Employment Tribunal, and in appellate proceedings. Gus’ expertise covers a wide range of matters, including commercial employee competition and business protection disputes, whistleblowing and discrimination claims. Gus is frequently engaged to represent clients in cases that are exceptionally sensitive, or involve substantial sums.
Jessica specialises in personal injury and employment. She was junior counsel for the successful claimants in British Airways plc v Rollett & Others [2024] IRLR 891, in which the Employment Appeal Tribunal found that it had jurisdiction to hear claims brought under s19 Equality Act by claimants who do not themselves have protected characteristics. This type of claim is now preserved in s19A Equality Act. Jessica is very happy to advise on S19A claims and this novel area of the law.
Chevan Ilangaratne is a specialist Employment, Personal Injury and Clinical Negligence law practitioner, having completed his pupillage solely in these areas of law. He has developed considerable experience in employment law, having represented both claimants and respondents in a number of preliminary and final hearings in the ET, as well as in judicial mediation hearings and Dispute Resolution Appointments. He also brings with him an in-depth knowledge of the Public Interest Disclosure Act 1998 having worked for a whistleblowing charity as a Legal Adviser.
To find out more about our Employment Law team above, contact Nicholas Levett on +44 (0)20 7427 4908 or Mark Gardner on +44 (0)20 7427 4909 for a confidential discussion.
News 12 Jun, 2025
