Foxtons Ltd v Ruwiel - Application to amend is only a "re-labelling exercise" where the original claim shows a link between the unlawful act and the newly alleged reason for it  EAT
Ms Ruwiel claimed unfair dismissal. Her claim could never succeed since she had not been continuously employed for 12 months. However, although there had been little or no suggestion of discrimination in the original claim, an employment judge allowed her to amend it to add a sex discrimination claim. Ms Ruwiel then withdrew the unfair dismissal complaint. Foxtons appealed.