The Claimant alleged that he was discriminated against on the grounds of race and his wife’s disability after being refused flexible working arrangements following a transfer from one of the Respondent’s sites to another. The ET dismissed his claims finding that none of the employees who transferred were offered flexible working. The claimant appealed, largely on grounds relating to the adequacy of the ET’s reasons.

The President of the EAT, Choudhury J, dismissed the appeal as the ET had not erred in law. The tribunal had correctly concluded the circumstances of the Claimant’s chosen comparators were different (in that they had not transferred) and were, therefore, inappropriate comparators. The ET was also entitled to accept that the Respondent’s witnesses were more credible than the Claimant and to conclude that the grievance investigation was thorough. All these conclusions had been adequately explained as were the other conclusions reached.