The Claimant was dismissed after difficulties arose between her and R1. The ET found that this was for some other substantial reason, namely an irretrievable breakdown in her relationship with colleagues and there being no prospect of a suitable alternative role within the business being found for her to work in. The ET upheld two of her claims but dismissed several others. The Claimant appealed.

The EAT allowed some of the grounds of appeal. The ET erred in failing to explain adequately why aspects of a process under which the Claimant was to be considered for an alternative role thereby avoiding her dismissal, and which were found to discriminatory, did not result in the process of her dismissal being unfair. The ET further erred in failing to consider whether the burden of proof had shifted, when the Claimant had named a specific comparator who successfully applied for the alternative role, of a different ethnicity, and the Respondent chose to adduce no evidence in relation to the recruitment of the comparator, notwithstanding the appellant’s evidence as to her suitability for that role, for which she was not even interviewed.