The Claimant was dismissed for gross misconduct after an investigation found that she had contravened many areas of the codes of practice of the HPC relating to patient files and records. The ET held that dismissal was within the range of reasonable responses of the Respondent and that whilst there had been some deficiencies in the disciplinary process these were rectified on appeal. If they had not found the dismissal to be fair the ET would have reduced both the compensatory and basic awards by 100%. The ET rejected her application for a reconsideration, saying there was nothing within the additional documentation or the points raised by the Claimant in her application that altered the position. The Claimant appealed.

The EAT allowed the appeal. The ET had erred in refusing the Claimant's application for reconsideration when material referred to by her relating to the hearing by the professional body considering her fitness to practice was not taken into account. This material was relevant to the issue of whether the Claimant was guilty of falling below required professional standards for which she was dismissed. Further the ET erred in refusing the application in light of their omission to consider an important attachment to an email which was relevant to the adequacy of the Respondent's investigation and the fairness of the decision to dismiss. Application for reconsideration remitted to the Employment Tribunal for reconsideration.