The hearing of the Claimant's complaints took place over three days when evidence was heard. At the conclusion of the evidence, the ET asked for written submissions from both sides, specifically asking for those to be provided in Word format and they also asked for submissions to be first exchanged and then for replies to be served on each side after the first exchange. The ET did not find the format of the Claimant's submissions in response to be helpful. Of the total ET judgment about a quarter was taken from the original Respondent's submissions by way of "copy and paste". The ET dismissed the Claimant's claims and he appealed on the basis that the ET had failed in its obligations under the Rules of Procedure, giving undue balance of power to the Respondent as demonstrated by the copy and paste nature of the judgment.

The EAT dismissed the appeal. Although it was unfortunate that the ET "copied and pasted" from the Respondent's submissions in the way that they did, the EAT was quite satisfied that they had engaged sufficiently with the Claimant's case, that he basically lost on the facts and that he had suffered no injustice.