Judgment approved by the court for handing down Mr J Logo v Payone Gmbh and others The Role of the EAT 29. I have had regard to the well-known principles concerning appeals to the EAT reiterated in DPP Law Ltd v Greenberg [2021] EWCA Civ 672, [2021] IRLR 1016. The decision of an Employment Tribunal must be read fairly and as a whole, without focusing merely on individual phrases or passages in isolation, and without being hypercritical. An Employment Tribunal is not required to identify all the evidence relied on in reaching its conclusions of fact. It is not legitimate for the EAT to assume that a failure by an Employment Tribunal to refer to evidence means that it was not taken into account. The Court of Appeal held at paragraph 58: 58. Moreover, where a tribunal has correctly stated the legal principles to be applied, an appellate tribunal or court should, in my view, be slow to conclude that it has not applied those principles, and should generally do so only where it is clear from the language used that a different principle has been applied to the facts found. Tribunals sometimes make errors, having stated the principles correctly but slipping up in their application, as the case law demonstrates; but if the correct principles were in the tribunal's mind, as demonstrated by their being identified in the express terms of the decision, the tribunal can be expected to have been seeking faithfully to apply them, and to have done so unless the contrary is clear from the language of its decision. This presumption ought to be all the stronger where, as in the present case, the decision is by an experienced specialist tribunal applying very familiar principles whose application forms a significant part of its day to day judicial workload. The decision of the Employment Tribunal The Black Face Incident - 18 November 2016 30. The Employment Tribunal made the following findings of fact: The ‘black face’ incident … 125. R1’s Christmas party took place on 18 November 2016. At that time Miss Ganswindt job was the Customer Service Agent for the UK & Republic of Ireland. … 128. The claimant’s recollection (set out in his paragraphs 15 and 16) is that there was a conversation during which Miss Ganswindt and another customer care colleague asked whether he was dressing up for the evening event. The claimant states that he confirmed his attendance and asked Miss Ganswindt if she was attending and whether she was following any theme. He states that she refused to confirm whether she would be dressed in any theme and burst into laughter (C para.16). 129. According to Miss Ganswindt, the slogan of the event was Oscar Night (AG para.6) Miss Ganswindt, who is white, attended the event dressed as the character played by Whoopi Goldberg in the Sister Act films. A photograph of her at the event (C:1485) shows her together with a colleague dressed as Princess © EAT 2025 Page 12 [2025] EAT 95