The Claimant in the ET brought multiple complaints against her former employer and other Respondents, including of detrimental treatment on grounds of whistleblowing. The Third Respondent was the Claimant’s former line manager. The ET struck out a number of specific complaints of detrimental treatment against him, on the basis that they had no reasonable prospect of success. The Claimant appealed.

The EAT allowed the appeal. Having regard to the content of the Claimant's pleaded case, and to the further information that she had provided about the additional matters and allegations that she sought to rely upon in support of her case that he was involved in that treatment, the ET erred by not considering, as an alternative to strike out, permitting or requiring her to amend or particularise her complaints against him.