The claimant presented his claim form to the employment tribunal in October 2022 but the actions complained off all occurred in 2018. At a preliminary hearing in 2023 a judge made deposit orders and allowed the matter to proceed but at the full hearing a different judge concluded the claims were out of time, and stated there was no need to be constrained by the earlier decision.

HHJ Auerbach dismissed each of the three grounds of appeal as the judge at the full hearing had not erred in their conclusion.