McFarlane's action before the Employment Appeal Tribunal was heard on 9-10 September 2009, and the judgement issued on 30 November.
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McFarlane v Relate Avon Ltd
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The claim of wrongful dismissal was accepted on procedural grounds, but the other claims were dismissed, and the applicant appealed against the dismissal of the claims of discrimination and unfair dismissal to the Employment Appeal Tribunal.
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McFarlane applied to the Court of Appeal to be allowed to appeal the decision of the Employment Appeal Tribunal, however his application was refused by Lord Justice Elias on 30 January 2010.