The ET upheld the unfair dismissal claim on the basis that procedural unfairness at the dismissal stage had not been cured by the appeal hearing. The section 15 claim was upheld on the basis that she was subjected to discrimination arising from the manner and/or timing of the dismissal. The Respondent appealed.

The EAT allowed the appeal on both grounds. The appeal on unfair dismissal was allowed on the basis that the ET's identification of procedural unfairness at the dismissal stage and its findings in respect of the appeal hearing admitted of only one answer, namely that the appeal hearing had cured the procedural unfairness at the dismissal stage. The appeal on the section 15 claim was allowed on the grounds that, the claim having admittedly been brought, responded to and heard by reference alone to the fact of dismissal, the ET was not entitled to determine the case by reference to the manner or timing of the dismissal.