The ground on which the Appellant was dismissed was "Failure to process correct payment of team members". However, evidence from the Respondents' disciplinary process referred to an issue of the Appellant's conduct which lay outside the scope of the ground under investigation, which referred only to the Appellant's competence. The ET, in considering the reason for dismissal, had regard to evidence concerning the Appellant's conduct.

The EAT held that the ET had erred in law by allowing consideration of factors that lay beyond the scope of the ground of dismissal and which ought to have been the subject of specific allegation. The Appellant was entitled to notice of the gravity of the allegation against her and, specifically, to be told that it would be asserted that she had misprocessed the wages deliberately or for some other illegitimate reason; she should have been told that the ground was not confined to the issue of her competence but included her conduct.