The Claimant, who had worked as a joiner for the Respondent company for less than 3 months, was dismissed from his job for refusing to do what he was being required to do. He claimed unfair dismissal under s 100(1)(d) ERA 1996 by reason of the dust in the workshop where he worked, but the ET concluded that the reason for the Claimant's dismissal was his inability to accept instructions from his line manager.

The EAT held that the ET had not erred in law, and there were no arguable grounds of appeal; no further action should be taken.