The Claimant, who was employed as a scaffolder by the Respondent, was dismissed on conduct grounds. He successfully claimed unfair dismissal in the ET, and received a monetary award to which a 50% reduction for contributory fault was applied. The Respondent appealed the decision of unfair dismissal, on the grounds that the ET had adopted a substitution mindset, and that it had erred in applying a separate equity test.

The EAT held that no material error on the part of the ET had been made out by the Respondent on either ground, and the appeal would be dismissed.