The Claimant was dismissed by the First Respondent for misconduct, and he brought proceedings in the ET for unfair dismissal and disability discrimination. However, he included an early conciliation number on his form ET1 that did not relate to either of the Respondents, and the ET rejected his claim because he had not complied with the requirement at rule 10(1)(c) of the Employment Tribunal Rules of Procedure 2013 ("the Rules"). The Claimant applied to the ET for it to reconsider its decision, but the ET rejected the application as an abuse of process under rule 12(1)(b) of the Rules as it was an attempt to re-litigate a claim which had previously been disposed of. The Claimant did not appeal against the rejection of the reconsideration application, but he appealed against the rejection of his original claim on the ground that rule 10(1)(c) of the Rules did not apply and so the ET's decision was wrong in law.

The EAT held that the rejection of the claim under rule 10(1)(c) of the Rules was unlawful. Accordingly, the appeal would be allowed, but this outcome would not benefit the Claimant, because his claim had been rejected, following his unsuccessful application for reconsideration.