Mr Musa complained of events beginning in May 2006 with an allegation made by him of racial discrimination against a fellow employee leading to that employee's dismissal. He complained that he was then subjected to victimisation in the context of a campaign to reinstate the dismissed fellow employee, which evenutally led to his being dismissed.
In November 2007 Employment an employment judge rejected the claim because Mr Musa had not filed a written grievance with his employer, Royal Mail, which under the law in force from October 2004 to April 2009 was a pre-requisite of making a claim other than one "related to" dismissal (see para 7 of the EAT judgment). Mr Musa applied for review.