The Claimants, who are Polish nationals, worked as waiting staff at the First Respondent's hotel until they were summarily dismissed for objecting to persistent shortfalls in their wages, late payment and a falsification of their wage slips. The Second Claimant had worked for the First Respondent for only six weeks, and the ET found that she was not entitled to receive her statement of terms and conditions that was required to be provided "not later than two months after the beginning of the employment". On the race discrimination claims, the Claimants alleged discrimination about the treatment in the way they were dismissed (which involved offensive language), as well as the fact of their dismissal, but the ET concluded that the dismissal had nothing to do with race discrimination.

The EAT held that (1) the ET had erred in law and the Second Claimant was entitled to receive her statement of terms and conditions (and an award under s 38 Employment Act 2002), irrespective of whether she was still employed after two months, and (2) the ET had erred, on the direct race discrimination claims, in its approach to the burden of proof and in the sufficiency of its reasons.