In HM Prison Service v Potter the EAT held that a race discrimination claim brought by a BNP member against HM Prison Service should not be struck out and could proceed to trial. HM Prison Service operates a policy of prohibiting people who work for it from being members of racist groups. Mr Potter's job application was rejected because he is a member of the BNP. He argued that the Prison Service treated white racist organisations less favourably than non-white racist organisations. This was a different argument from that advanced in Redfearn v Serco (see Legal update, Race discrimination: meaning of "on racial grounds" ) in which Mr Redfearn unsuccessfully argued that he was dismissed because he was white, which was discrimination on "racial grounds". The EAT found that, while a claim based on indirect discrimination would have no chance of success, this was a fact-sensitive direct discrimination claim and Mr Potter should be given an opportunity to adduce evidence at trial. However, the EAT commented that the chances of Mr Potter succeeding were very thin.