The claimant played for the first respondent between 2021 and 2022. After a match on 11 September 2021, the appellant learned of an allegation that one of the first respondent’s supporters had shouted racist abuse at him during the match. He reported the allegation to the respondents who undertook to investigate it. The appellant was ultimately dissatisfied with the outcome of the investigation. He brought claims against the respondents under the Equality Act 2010 complaining inter alia of harassment and victimisation The employment tribunal dismissed all of his claims so the claimant appealed in relation to one of his claims of victimisation, and five claims of harassment.

In this judgment Lord Fairley allowed the appeal on the victimisation claim, as the reasons given by the tribunal showed that it had erred in law in dismissing the claim. The ET had also made inadequate findings in relation to one of the five harassment claims but the other appeals were refused.