The claimant had brought claims that he had been unfairly dismissed and discriminated against because of disability. In his initial email the claimant set out several claims but, when he subsequently instructed a counsel through direct access, the counsel's note narrowed the claim down to three. The note was used in a case management hearing and EJ Smith decided the claims were limited to those in the note, not the wider evidence.

Michael Ford KC, sitting as a Deputy, finds the Employment Judge was entitled to decide that the discrimination complaints which the claimant wished to add by way of amendment were those set out in a note prepared on his behalf by counsel and provided to the tribunal and were not other complaints with different legal labels and factual content referred to in an earlier email.