Mr Bass was found to have suffered racial discrimination and to have been unfairly dismissed. At no stage did Mr Bass ever suggest that he was seeking re-instatement or re-engagement. At the remedies hearing, the tribunal assessed compensation and simply heard from Travis Perkins that they could not and would not re-instate or re-engage Mr Bass. He appealed, claiming that the tribunal had approached the question wrongly.
The EAT dismissed his appeal. It concluded that Mr Bass had been aware of these possible remedies and had not sought them.