The Claimant was suspended and then dismissed after 3 days of employment. He lost his claims of discrimination and victimisation at the ET but then sought to resurrect the case by bringing complaints to the respondent public correspondence unit. A second employment tribunal dismissed the claims on the basis of either being out of time or falling foul of the Henderson v Henderson principle, namely that all matters which were or could have been determined in earlier proceedings cannot be the subject of subsequent proceedings. The Claimant appealed.

The EAT dismissed the appeal. The EJ was entitled to find that all the allegations in the second claim were out of time, a finding which had not been the subject of appeal. However, on the merits, the EJ's rejection of the claims was open to her and contained no error of law.