The claimant, who was of Asian origin, was employed by HMRC and was offered a role abroad. A resilience interview was part of the assessment conducted by an external expert. The claimant was questioned about his ability to deal with racism. It was contended in the assessment by the examining doctor that he would face racism in his new post. In the summary of the assessment it was highlighted that there was a likelihood of discrimination and that the claimant would suffer stress. The offer of work was subsequently withdrawn.

The claimant alleged race discrimination. The ET found that the claim for less favourable treatment because of race was made out. In dismissing the appeal, the EAT held that