The Claimant was dismissed following a serious health and safety incident. He claimed at the ET that he had been unfairly dismissed on the bases that (1) the person who conducted the investigation provided a witness statement as part of the investigation; (2) the note taker in the investigation also provided a witness statement as part of the investigation; (3) evidence that was said to have materially increased the seriousness of the allegation was provided less than 24 hours before the disciplinary hearing; and/or (4) it was possible that the person who conducted the investigation had been overheard saying that “I don’t think he is going to be back at the business” or he “is done at the business”.

The EAT dismissed the appeal. On ground (1) the EAT rejected the Claimant’s contention that the minor dual involvement of his manager amounted to a fundamental breach of natural justice. The ET was entitled to hold that the process overall was fair. On (2), it was not perverse of the ET to hold that this relatively minor dual involvement, which it raised of its own motion, did not render the process unfair. On (3), it was not perverse for the ET to find that timing of the disciplinary hearing did not render the dismissal unfair. Finally on (4), as none of the managers who may have made such comments were involved in the decision to dismiss, it clearly was not perverse for the ET to find that, if any such comments were made, they did not render the process unfair.