The Claimant brought claims of automatic unfair dismissal and sex discrimination against the Respondent. Following a preliminary hearing at which the range of complaints was considered, these claims were dismissed at a full hearing in the ET. On appeal by the Claimant, the issues were whether (1) the ET erred in law in holding that it did not have to consider and decide the claims of automatic unfair dismissal under regulation 7 of the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 and under section 104C Employment Rights Act 1996, and (2) if it did not, whether it should have given the Claimant permission to amend in order to rely on those arguments.

The EAT held that, on its proper construction, these claims of automatic unfair dismissal were stated in the list of issues, even if the legal labels were absent. Although this was an error in law, it was immaterial, and so the appeal would be dismissed.