As HHJ Tayler sets out at the start of the judgment "the issues in this appeal are whether the Employment Tribunal erred in law in case management decisions, made during a final hearing, by removing an issue that the claimant contended should be in the list of issues; and excluding parts of the claimant’s reply witness statement." These were long-running proceedings involving continuation of employment, jurisdiction and discrimination. The claimant had been employed on a fixed term Associate Programme, was not offered a job on completion but remained employed for a while longer so, as claimed by the respondent, she could normalise her immigration status and then look for a job elsewhere, referred to as an accommodation period. The claimant said she had not been told she left the Associate programme until a meeting in 2018 but the ET had found she knew that was the case and the dismissal was not discriminatory. In a subsequent statement the claimant made allegations of caste system at work among other things but the ET excluded some of these passages as not relevant.

HHJ Tayler reviews the history of the proceedings before dismissing the two grounds of appeal partly as the issues excluded had not formed part of the claimant's background case and that, when represented by counsel, the issue of jurisdiction had not been raised. The decisions were well within the ET's discretion especially where investigation of the excluded allegations would have required considerable additional evidence.