The claimant had been suspended on full pay pending a disciplinary hearing which was scheduled to start at 10 am on 4 March but she sent a resignation letter at 9.21 that morning. The hearing went ahead without the claimant and she was summarily dismissed. The claimant thought that the fact that she had been dismissed was detrimental to future employment. In the ET, her claims for discrimination were struck out as out of time.

Mrs Justice Heather Williams allowed the appeal broadly because the employment judge had not properly appreciated that this was a claim for post-termination discrimination. She also rebutted the respondent’s submissions that the strike out was plainly correct partly because the threshold of being unarguably the correct thing to do was high and so the matter was remitted back to the tribunal.