In this case, a Portuguese employee claimed that she was discriminated on the grounds of her gender and race when the employer failed to offer her an interview for an internal position, which she had applied for. The employee commenced employment in April 2011, initially as a claims officer and later as policy management officer.

The employee applied for a claims handler position on the 28th February. Initially, HR advised the employee that it would be better for her to resolve certain difficulties in her current role before moving to another department. However, notwithstanding this advice, she was provided with an application form on the 5th March and the employee returned the completed application on the