The Claimant presented his ET1 complaint to the ET, making claims of discrimination arising from disability (section 15 of the EqA), and of failure to make reasonable adjustments (section 21). By the time a list of issues had been prepared for a preliminary hearing, the list included issues relating to claims under sections 13 and 19 of the EqA. The Respondent objected to the additional claims and disagreed that they arose out of the same or similar facts and circumstances already set out in the claim. However, the ET allowed the Claimant to amend his claim, out of time, and the Respondent appealed.

The EAT allowed the appeal. The section 13 claim involved more than relabelling and the application was remitted to the EJ to consider the exercise of discretion.