The Claimant made a claim of indirect discrimination after she was dismissed as a result of having to take leave at very short notice. The ET ordered that the claim should be subject to payment of a deposit on the ground that it had little reasonable prospect of success. The amount to be paid was £50. The Claimant appealed.

The EAT allowed the appeal. The ET erred in concluding that, fairly read, the Particulars of Claim made tolerably clear that the stated reason for dismissal included the taking of leave at short notice due to childcare needs. There was clearly some prospect of success of the claim.