The Claimant brought various claims to the ET after he was dismissed, and they were all dismissed. He appealed against the dismissal of the wrongful dismissal claim and the appeal was allowed to proceed on the basis that it was arguable that the ET had applied an incorrect test to the claim, and it had not been considered as a separate issue to the unfair dismissal complaint. Further, it was not clear whether the ET had found that the conduct for which the Claimant was dismissed constituted gross misconduct.

The EAT allowed the appeal. The ET erred in appearing to decide the wrongful dismissal claim by reference to the statutory test for unfair dismissal.