The Claimant worked for the Respondent at Virgin Atlantic Airways and was dismissed after it was found that she had taken £1,000 in cash from a customer for an upgrade without recording any details of the transaction or providing a receipt, and she had then kept the money. The ET found that the Claimant's dismissal was not motivated in any way by her sickness record or her disability. She appealed against that decision.

The EAT dismissed the appeal. There was no error of law in the ET’s findings of fact when dismissing claims of wrongful dismissal and disability discrimination. There was no failure to take account of relevant matters. Although the burden of proof was misstated at one point, this was not part of the operative reasoning of the ET.