The claimant was an assistant headteacher who alleged the handling of a performance management review amounted to race discrimination. The ET had dismissed the claim as the white comparator, also an assistant headteacher, had been similarly treated even if the respondent conceded the claimant's review had not been handled properly.

In this appeal, the claimant argued broadly that the ET should have allowed evidence to mean that the burden of proof should have been reversed. Counsel for the respondent argued that the decision to admit late evidence was essentially a case management decision for which there is a broad discretion. HHJ Beard agreed and dismissed the appeals as the ET 's approach, though not beyond criticism, was not plainly wrong and any error would not have been material to the outcome.