The Claimant was dismissed in 2011. The ET found that his dismissal was fair by reference to the procedure followed by the Respondent. The Claimant appealed on three substantive and interrelated grounds which focused on the role of the Respondent's Director of HR and whether or not it was permissible for her to hear and determine the disciplinary misconduct allegation against the Claimant in the way that she did and its impact on the fairness of the dismissal.

The EAT dismissed the appeal. The Tribunal had adopted the correct approach in law (by reference to Taylor v OCS Group Ltd) in assessing the nature and effect of a procedural failing at the disciplinary hearing stage in the context of the disciplinary process as a whole and having regard to the seriousness of the misconduct.