The Claimant got the legal identity of her employer wrong when applying for an early conciliation certificate, meaning that the name of the Respondent on the EC certificate and the ET1 were different, and her claim was rejected. When the error was spotted, she applied for and submitted another EC certificate. At a hearing the EJ had to decide (1) whether the error had been "minor", and whether the interests of justice required the claim to be allowed to proceed; and (2) if not, whether the claim should in any case be allowed to proceed, applying the usual tests for the obtaining of an extension of time. The EJ ruled that it was not a minor error and refused to extend time; the Claimant appealed.

The EAT allowed the appeal. The error was minor and it would not be in the interests of justice to reject the claim. The EAT therefore set aside the decision and substituted a decision that the claim was in time.