The appellant employee (Z) appealed against a decision of the Employment Appeal Tribunal that some of her claims for race discrimination against the respondent trade union (F) were time-barred. Z was Asian and worked for the Crown Prosecution Service. She had been suspended on suspicion of gross misconduct but was vindicated by a subsequent investigation. She brought a claim of race discrimination against the CPS in December 2001 and sought F’s assistance with her claim, but F refused. Z won her claim, and the CPS conducted an internal investigation into Z’s suspension. Two white employees involved in Z’s suspension sought F’s assistance, and F agreed to represent them. In December 2006 F also agreed to assist Z with a remedies hearing following the Court of Appeal’s decision in Crown Prosecution Service v Aziz (2006) EWCA Civ 1136, (2007) ICR 153. In August 2007, Z brought claims of race discrimination against F, naming three of its employees. An employment tribunal found that claims relating to F’s failure to assist Z with her original proceedings against the CPS were out of time and it would not be just and equitable to extend time. The tribunal concluded that the only claim that was in time was a claim concerning F’s delay in obtaining representation for Z’s remedies hearing. That decision was upheld by the EAT. Z was granted permission to appeal on a specific ground but sought permission to appeal on a new ground. Z submitted that the tribunal should have found that the earlier incidents were part of a continuing act or omission.