The Claimant, who is white, applied for a post with the Respondent along with two other applicants. All three applications were anonymous and did not state ethnicity. The Claimant was offered a post subject to satisfactory references: one referee declined to supply one, another gave a negative reference and the third did not reply at all. On this basis according to the Respondent, the job offer was withdrawn. The Claimant lost his claim of race discrimination at the ET deciding that the reason for the withdrawal of the offer to the Claimant was the unsatisfactory references and that it was not because of the Claimant's race. He was also ordered to pay costs amounting to £14,000. He appealed to the EAT.

The EAT dismissed his appeal against the race discrimination claim. The EJ had made a very clear decision and even if the EAT might have reached a different view, it was not for them to disturb that decision. In respect of the costs decision, the ET had not addressed the Claimant's cross-claim for costs which he claimed dealt with how reasonable or otherwise it was for him to make his disclosure applications. The costs appeal was allowed.