Judicial guidance in an unfair dismissal case to the effect that Employment Tribunals should focus upon what it was reasonable for the employer to have done is relevant in a discrimination case involving allegations that disciplinary proceedings were conducted in a discriminatory way.

Miss Oso and Miss Owoyemi brought proceedings against Newham University NHS Trust ("Newham NHS") alleging that they had been unfairly dismissed and/or had been discriminated against because they were black and/or Nigerian.