Th Claimant had made several claims including victimisation, harassment relating to disability and direct disability discrimination after he failed to be selected for a job. This appeal concerned the amendment of a claim based on a failure or refusal by the Respondent to comply with a request from him made in April 2016 to remove a warning from the Claimant's record. The EJ said that there was no discernable link between not being selected for a job and the facts alleged in the amendment. Also, the Claimant had known about the warning since June 2015 and the EJ considered that the delay in requesting the Respondent to remove the warning was inexplicable and was a relevant factor in deciding whether to exercise her discretion to allow the amendment. Permission to amend was refused and the Claimant appealed.

The EAT allowed the appeal. The EJ had given insufficient reasons for her judgment.