The Claimant brought an in-time claim of unfair dismissal. She sought permission to amend her complaint to allege that the principal reason for dismissal was that she had made protected disclosures. The EJ held that this involved a significantly changed case and added "a substantial new issue which plainly is brought considerably out of time". He found that there was prejudice to the Respondent and refused permission to amend. The Claimant appealed.

The EAT allowed the appeal. An application to amend an existing complaint of unfair dismissal to allege a new reason did not involve bringing a new complaint outside the time limit. The Employment Judge had not given sufficient reasons for his decision - it was not possible to see how he had applied the approach required by Selkent Bus Co Ltd v Moore [1996] ICR 836 and how he had weighed in the balance the time limit issue.