The Claimant, who was employed by the First Respondent, brought complaints of disability discrimination, giving details on his ET1 of his heart condition of atrial defibrillation but with no mention of depression. At the Preliminary Hearing, without amending his ET1 or list of issues, the Claimant presented his claim on the basis that he suffered from depression, and the ET upheld his claim. The Respondent appealed on the ground that the ET decided the case on a basis which was not open to it.

The EAT held that the ET was plainly wrong to treat the issue before it as being whether the Claimant was suffering from the mental impairment of depression. Accordingly, the ET's decision that the Claimant was a disabled person pursuant to s 6 EqA would be set aside and the underlying ET proceedings dismissed.