The Claimant brought various claims against the Respondent, including a claim of unfair dismissal, which were all rejected by the ET. The Claimant appealed on the grounds that (1) the ET erred in failing to adjourn or make reasonable adjustments in light of the Claimant's health which resulted in an unfair hearing at which the Claimant could not participate fully, (2) the hearing was unfair because the ET failed to understand why the Claimant was not fully and properly prepared for the hearing, (3) the Claimant's claim for unlawful deduction of wages was not considered by the ET, and (4) the ET erred in law in treating the procedural shortcomings that it identified as having been redeemed by the substantial merits.

The EAT held that grounds (1) to (3) failed, but the ET had erred in conflating the lack of merits with the procedural failings. In allowing the appeal in relation to ground (4), the EAT substituted (for the finding that the dismissal was fair) a finding that the dismissal was unfair, this being the only possible outcome based on its decision, and it remitted the case to the same ET to determine remedy and to consider issues of contribution and Polkey.