The Claimant was employed by the Respondent, which provides services to airlines, including the provision of ground handling services. Following an incident where the Claimant took an unauthorised cigarette break and was not ready to meet an aircraft on arrival, and in the light of his approach to the investigation and disciplinary process, he was summarily dismissed. The Claimant's internal appeal was unsuccessful, and the ET rejected his claims of unfair dismissal and breach of contract. The Claimant appealed on the grounds that the ET had erred in law in finding that (1) although the allegations did not amount to gross misconduct, summary dismissal on a first offence was justified, and (2) the Respondent was entitled to dismiss without notice.

The EAT held that it was entirely reasonable for the ET to regard the conduct in this case, taken overall, as misconduct sufficiently grave to justify immediate dismissal, and the dismissal of the Claimant was within the range of reasonable responses open to the Respondent; the ET made no error of law in reaching the conclusions that it did.