The Claimant was dismissed and he brought a claim of unfair dismissal to the ET which was determined in July 2022. He brought a second claim against the same Respondent in September 2022 which related to unsuccessful job applications he had made back in May 2022. The second claim was struck out on the basis that the claim was an abuse of process, applying the rule in Henderson v Henderson because, in the judgment of the ET, the second claim could and should have been brought forward as an application to amend the first claim. The Claimant appealed.

The EAT dismissed the appeal. It was open to the ET to conclude that the second claim was an abuse of process because the claimant could and should have made an application to amend the first claim to include the second claim. That was so even though an amendment application might have been refused so that the claimant would then have had to bring the second claim separately.