EAT Confirms No Duty to Reframe Claimant's Case Beyond Agreed Issues
In Ashley v Walk the Walk Family Support Service Community [2025] EAT 144 a support worker dismissed for misconduct brought unfair dismissal and s.15 Equality Act 2010 (discrimination arising from disability) claims; both failed before the tribunal and her appeal was dismissed. The EAT confirmed that tribunals are not obliged to reconstruct or expand a claimant's case beyond the agreed list of issues unless the interests of justice require it, and that representation by counsel reduces the need for the tribunal to intervene. On unfair dismissal it reaffirmed the 'end-to-end' approach to overall fairness under s.98(4) ERA 1996: procedural defects earlier in the process may be cured or mitigated by a genuinely independent and reasonable appeal, even one offered but not pursued.
Read the full case note on 42BR →
Key authorities
- Ashley v Walk the Walk Family Support Service Community [2025] EAT 144
- Moustache v Chelsea Westminster Hospital NHS Trust [2023] EAT 186
- Taylor v OCS Group Ltd [2006] IRLR 613
- British Home Stores Ltd v Burchell [1980] ICR 303
- Serco Ltd v Wells [2016] IRLR 769
Where this sits in a claim
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