The Claimant complained not only that the termination of her employment amounted to constructive dismissal, but also that she had suffered discrimination on the grounds of race since 2012, age discrimination and discrimination because of disability. The disability relied upon was depression. Most claims were dismissed as out of time and the race and disability discrimination claims were struck out as having no reasonable prospects of success. The Claimant appealed.

The EAT allowed the appeal. In striking out claims of discrimination, the ET failed to apply the relevant principles as summarised recently in Mechkarov v Citibank NV [2016] ICR 1121, failed to take the Claimant's case at its highest and failed to give adequate reasons for its decision.