The appellant had been directed to serve particulars of allegations of discrimination he had made in the ET1 in the form of a Scott Schedule. The tribunal held that two paragraphs of the Scott Schedule sought to raise new claims which went beyond the claims already made in the ET1 and disallowed them.

Jason Coppell QC, sitting as a Deputy High Court Judge, dismissed the appeal as the tribunal had been entitled to consider that the disputed paragraphs raised new claims. One of the paragraphs was expressly labelled as a new and different allegation of less favourable treatment. The other raised a fresh factual allegation when the appellant had only been directed to give particulars of alleged discrimination arising out of the factual allegations already made in the ET1. On that basis, the tribunal had a broad discretion whether or not to grant permission to amend and there was no basis for overturning the exercise of that discretion.