Included info in ET1 not covered by original ACAS notification filing
Hi all, looking for some advice.
Filed my ET1 on 30th July, haven't heard anything since. Within that, I included acts from one of the respondents which were not included in my original ACAS notification/ certificate. The reason being is because I asked my ACAS conciliator if I needed to raise a new certificate and at the time she said:
"Regarding the additional items/potential claims you wish to bring against ***********, there's no need to raise a fresh Early Conciliation notification. This is because what is discussed at the Early Conciliation stage does not need to match what appears on your ET1 claim form".
So I didn't. However, a friend (non legal) has since advised me that the respondent might try to argue I cannot include it and I've become very worried about this. I'm wondering if it makes sense to file a new ACAS notification retroactively and then apply to amend ET1, attaching the new certificate, or, if this is not necessary.
Additional context:
- Original ACAS notification focused on harassment from one individual at workplace (respondent 1), and I raised a formal complaint with them at the same time.
- I felt the way the organisation then handled my complaint amounted to further discrimination and victimisation. Outcome was withheld from me but shared with respondent 2.
- ET1 filed the day before limitation window (of respondent 1's timeline)
- ET1 pleads both the individual's original conduct and the organisations later handling of my complaint, as a continuing course of conduct.
- I put in a second complaint about how the first was (mis)handled. Respondent 1 responded to this post ET1 submission, denying that this was the case and closing the matter. Fine.
Legal experts, is there anything I need to do about this or can I, in good faith, be assured by the ACAS conciliator's advice without risk of respondent trying to get later acts removed?
Thank you in advance
Tasty