The deceased employee was dismissed for capability reasons and claims for unfair dismissal, disability related discrimination and failure to make reasonable adjustments brought by his father were dismissed by the ET. However, between the letter of dismissal and the date of termination, there was a material change of circumstance as to his medical condition and prospect of a return and the EAT allowed the appeal against the dismissal of the unfair dismissal claim on the essential basis that in considering the reasonableness of the decision to dismiss, as required by section 98(4) of the Employment Rights Act 1996 (ERA), the ET had failed to engage with the material change in circumstances in that period. The ET once again dismissed the claims and the father again appealed to the EAT on the grounds that the ET had failed to engage with the issue of a change in circumstances.

The EAT allowed the appeal. The EAT was not persuaded that the ET had engaged with the critical part of the remitted issue. When such a clear and specific matter is remitted to the ET it must be answered clearly and explicitly and in the judgement of the EAT it was not.