An employment tribunal could not allow an application to amend an employment tribunal claim when that original claim was itself a nullity, due to a failure to follow the (then-applicable) statutory grievance procedures.

Mr Abercrombie and his co-claimants were employed by AGA. Due to the economic climate AGA was forced to reduce hours and agreed with the GMB, the recognised union, that their members would work a reduced week. This was agreed to be a contract variation.