The Claimant was a manager of one of the Respondent's fitness clubs and was tasked with investigating 3 members of staff regarding various aspects of their employment. They in turn complained about the treatment they received from the Claimant and he was eventually suspended and dismissed. The Claimant succeeded in claims of direct race discrimination, ordinary unfair dismissal and automatic unfair dismissal on the basis that the reason, or principal reason, for dismissal was that the claimant had made protected disclosures. Judgment was handed down 19 months after the date of the last hearing day due to the illness of the EJ. The Respondent appealed.

The EAT allowed the appeal in part. The ET erred in its analysis of the treatment of the Claimant in comparison with others when deciding that the burden of proof had shifted to the Respondent to disprove discrimination. The ET did not err in its analysis of the protected disclosure claim. The allegations of perversity failed. The delay in producing the judgment did not result in a real risk that the Respondent was deprived of the substance of the right to a fair trial.