The Claimant, who was a police constable, began her tribunal claim in February 2023, which included complaints of disability, race and sex discrimination, including complaints predicated on her having been constructively dismissed. In June 2023, she applied to amend her claim seeking to add further complaints concerning her alleged treatment during the course of her service and its termination. She sought also to add a complaint of post-termination victimisation against the Respondent. The post-termination amendment related to the return of the Claimant's warrant card; the Claimant was in Brazil and there were concerns about it being returned safely. Communications for the safe return were amicable initially but then solicitors for the Respondent emailed the Claimant when it still had not been returned and implied via emails that if she was to fail to return it, she could be reported for theft. Both amendment applications were refused. The Claimant appealed against the refusal to allow the post-termination amendment.

The EAT allowed the appeal. This was a timely application; it was not, and could not be, said to be a proposed complaint that had no reasonable prospect of success; in line with that, the Claimant had a plainly arguable case that this conduct was reasonably perceived by her as detrimental treatment; she also had an at least arguable case on the causation point, having regard to the timing of the emails relative to the commencement of her claim and the raising for the first time of the possibility of her being reported for theft. It also did not appear that adding this complaint would significantly disrupt the progress of the claim.