The Claimant is a serial litigant, making claims for injury to feelings and sometimes loss of earnings after employers advertised posts for women only. REJ Foxwell offered to accept all the cases so they could be managed together and avoid the risk of double-recovery. The Claimant appealed against the transfer of his claims to the ET in Watford.

The EAT allowed the appeal. There had been a failure to identify the relevant decision-taker and/or to provide reasons for the decision and, to that extent, the appeals in question would be formally allowed. When considering disposal, however, it was clear that no injustice arose from the transfer decisions and, applying the overriding objective, there could only be one answer: dealing with the proceedings fairly and justly required that the claims be transferred to the Watford office of the ET. As the errors identified could thus have no material effect on the result, it was appropriate, pursuant to section 35 Employment Tribunals Act 1996, to exercise the powers of the ET and to confirm each of the transfer decisions made (Jafri v Lincoln College [2014] EWCA Civ 449 applied).