In January 2019 the Claimant had alleged that he had been subjected to racial abuse by a colleague. The matter was investigated and his grievance was rejected, the manager concluding that he had not in fact been racially abused. He appealed against that finding. While the appeal was pending he told two managers that he would not pursue it or bring any legal proceedings based on the racial abuse if he was promoted and given a salary increase. On 1/10/19 he abandoned the appeal and was then dismissed for unrelated misconduct occurring in the period August-October 2019 and for his statements to the two managers which the Respondent said were tantamount to blackmail. He claimed race and religious discrimination and harassment and victimisation which the ET dismissed and he appealed to the EAT.

The EAT dismissed the appeal, saying that although the ET’s judgment cannot be described as perfect and there were certainly matters omitted by way of express findings on some issues, they were quite satisfied that on the findings of fact which they made, which were open to them, they properly dismissed the Claimant’s complaints.