The Claimant suffered an accident at work and was eventually dismissed. He claimed unfair dismissal but nothing on the ET1 indicated he was claiming disability discrimination. His claim of unfair dismissal failed at the ET because the claim was submitted out of time. The original grounds of appeal were in general terms. There was some very limited reference to disability and reasonable adjustments. The EJ was of the opinion that there were no reasonable grounds for bringing the appeal. The Claimant challenged that opinion pursuant to Rule 3(10) of the Employment Appeal Tribunal Rules 1993 (as amended). He claimed that it should have been clear from the claim form, when read with the doctor's report and his witness statement that had been produced for the full hearing, but was in the bundle at the Preliminary Hearing, that he was claiming disability discrimination.

The EAT dismissed the appeal. It was not an error of law for the ET not to address with the Claimant “whether his dismissal claim included a s.15 disability discrimination claim.” On an objective analysis the claim form did not include such a complaint and the EJ was not obliged to investigate whether the Claimant wished to bring such a complaint. Accordingly, there was no basis for the Employment Judge to consider an extension of time on just and equitable grounds.