The Claimant claimed that he was subject to less favourable treatment because of race and/or disability in that he was being denied an opportunity for promotion by way of a grade rise, even though other non-disabled people had been promoted. He claimed that he had been waiting 6-7 years for a grade rise and 4 years for an appraisal. His claim of race and disability discrimination was dismissed by the ET and he appealed.

The EAT dismissed the appeal. They rejected the Claimant's claim that he had made numerous requests for appraisals. The ET found as fact, on evidence which it was entitled to accept, that there was only one appraisal and the Claimant had not thereafter sought another.