The Claimant applied for a promotion and was interviewed in May 2020. He was unsuccessful. He then asked for feedback which was not provided until August 2020, 3 months after his interview. He asserted at the ET this delay to be less favourable treatment because of the his race. The ET found that the Respondent failed to adduce cogent reasons for the delay and did not accept that the explanation was in no way because of the Claimant’s race. The Respondent appealed.

The EAT allowed the appeal. The primary facts found by the ET could not logically lead to an inference that the Respondent’s delay in providing feedback about why the Claimant had not been promoted was discriminatory. The decision not to promote the Claimant was held not to be because of the Claimant’s race.