The Claimant, of Afro-Caribbean origin, was made redundant by the Respondent. Between lodging his ET1 and the case management hearing, the Claimant prepared a lengthy Scott Schedule of allegations, including items (f) and (g) concerning direct race discrimination and victimisation acts. The ET found no evidence to support a claim for direct race discrimination or victimisation. The Claimant applied for reconsideration of the ET's judgment, on the basis that the ET had not considered in its judgment the two allegations in items (f) and (g); and the ET confirmed its decision.

The EAT dismissed the appeal. On the unchallenged findings of fact, there could have only been one outcome, which was that the complaints would have been dismissed.