The claimant was a firefighter with 25 years' service who was dismissed after allegedly uploading a video of his former partner to YouTube. The video showed the partner apparently under the influence of drugs and mentioned her job as a midwife. A disciplinary investigation broadened into allegations of coercive and controlling behaviour, assault and failure to disclose police involvement, following which the claimant was dismissed. The ET found he had been unfairly dismissed and there had been direct sex discrimination.

The Authority appealed those findings and a refusal to reconsider. Lord Fairley, The President of the EAT, allowed the first appeal as, broadly: the tribunal failed to make a clear finding on the actual reason for dismissal so assessing fairness was impossible; and the tribunal failed to identify the alleged less favourable treatment with the use of an unsuitable comparator and reliance on stereotyping. Both liability findings were set aside and remitted to a differently constituted tribunal. The second appeal, against the reconsideration refusal, was rendered academic.