The Claimant worked for the Respondent for more than 20 years, during which time his attendance record was poor. He was dismissed for reasons relating to, amongst other things, periods of absence for corrective surgery to his hands due to carpal tunnel syndrome, and he brought claims for unfair dismissal and disability discrimination. The ET rejected the claims, finding that the reason for dismissal was some other substantial reason, namely the Respondent had lost confidence that the Claimant would maintain his attendance record or provide reliable attendance. The Claimant appealed on a number of grounds, principally that the ET had erred in considering the dismissal to be fair and within the band of reasonable responses.

The EAT held that it could not be said that the ET's decision in this case, that dismissal was within the band of reasonable responses, was perverse.