The Claimant had received a final written warning, in respect of an incident of misconduct, which would remain on her record for 12 months. Within that period, a second incident occurred which led to her dismissal. The ET held that the Respondent failed to follow a fair procedure when dismissing the Claimant, and the procedural flaws were such as to render the dismissal unfair; however, it concluded that, if a fair procedure had been followed, there was a 100% chance that the Claimant would still have been dismissed. The Claimant appealed against the ET's finding that the final written warning imposed on her by the Respondent was valid at the time of the second incident of misconduct.

The EAT held that the ET's conclusion on the validity of the earlier final written warning was one that it was entitled to reach, and so the appeal must fail and would be dismissed.