The Claimant had been employed by the Respondent as a delivery postman/driver for a number of years until he was dismissed, with notice, following a conduct meeting. The Claimant admitted to unauthorised absence from work against a background of a poor disciplinary record, and his alcohol consumption was part of the context of that poor disciplinary record, but he only mentioned his drinking problem at an internal appeal hearing. The ET found that the Respondent had investigated the matter correctly. On appeal to the EAT, the Claimant contended that the ET had erred in law, in failing to consider whether a reasonable employer would have investigated the Claimant's newly disclosed admission (at the stage of internal appeal) before reaching its decision.

The EAT held that the ET had considered sufficiently whether the overall decision of the Respondent fell within the band of reasonable responses.