An ET, at a case management hearing, included the Claimant's claim of age discrimination even though the Claimant accepted that the claim form and narrative attached had not referred to an age discrimination pay complaint. The Respondent appealed.

The EAT allowed the appeal. The ET had erred in failing properly to consider whether the Claimant had included an allegation that he was subjected to unjustified direct age discrimination in relation to pay in his ET1 claim form, and, if not, whether to exercise its judicial discretion to allow an amendment.