In a judgment on liability, the ET had upheld a number of complaints of direct race discrimination contrary to section 13 of the Equality Act 2010 which the Claimant had brought against the Respondent. It also upheld one of her complaints of victimisation contrary to section 27 of the 2010 Act but dismissed the others. Following two reconsiderations, the total sum awarded to the Claimant by the ET was £286,702.80 for general and special damages, with damages for loss of pension to be determined in due course. The Claimant appealed on the grounds that the ET failed to take into account relevant considerations and/or reached certain findings on the basis of flawed reasoning.

The EAT allowed the appeal in part. The ET had failed to address the impact the successful claim of race discrimination had had on the Claimant's career progression or future loss of earnings. In addition, an appeal on the 10% ACAS uplift awarded by the ET was upheld - the ET had erred in law in failing to consider the whole of the Claimant's case as to unreasonable breaches of the ACAS Code.