Bickley v John Lewis PLC (Practice and Procedure: Rejection of ET1) [2026] EAT 59 (22 April 2026)

Bickley v John Lewis PLC (Practice and Procedure: Rejection of ET1) [2026] EAT 59 (22 April 2026)

The Tribunal erred in law by failing to consider whether the claimant's name change constituted an error 'in relation to a name' under Rule 12(2A) and by not considering whether it was just to waive the requirement under Rule 6. The only lawful outcome was to accept the claim as at the date of its original presentation.

Citation
[2026] EAT 59
Parties
Appellant: Mr Isaac Bickley; Respondent: John Lewis PLC
Jurisdiction
United Kingdom
Judgment Date
22 April 2026
Procedural Posture
Employment Appeal Tribunal / Appeal Against Rejection of ET1 Claim Form
Outcome
Appeal allowed by consent; decision substituted.
Legal Topics
Practice and Procedure, Rejection of ET1, Name Discrepancy, Gender Reassignment Discrimination, Early Conciliation Certificate, Limitation Periods
Employment Law Civil Procedure Practice and Procedure Rejection of ET1 Name Discrepancy Gender Reassignment Discrimination Early Conciliation Certificate Limitation Periods

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Mr Isaac Bickley

Appellant

John Lewis PLC

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Against Rejection of ET1 Claim Form

Legal Issues

  1. 1 Whether the Tribunal erred in law by rejecting the claim due to a name discrepancy between the ET1 and EC certificate
  2. 2 Whether the claimant's change of name by deed poll constituted an error 'in relation to a name' under Rule 12(2A)
  3. 3 Whether Rule 6 allowed the Tribunal to waive the requirement of name correspondence

Ratio Decidendi

The Tribunal erred in law by failing to consider whether the claimant's name change constituted an error 'in relation to a name' under Rule 12(2A) and by not considering whether it was just to waive the requirement under Rule 6. The only lawful outcome was to accept the claim as at the date of its original presentation.

Court Disposition

Appeal allowed by consent; decision substituted.

Orders

  • The ET1 claim form is accepted as at the date of its original presentation: 9 July 2024.