The Claimant is a dentist and her claim principally related to her application to be a vocational trainer (“VT”) for the year 2023/24, which was declined by the Respondent. As a consequence, the Claimant brought certain claims against the Respondent. The ET upheld her claims and made an award of compensation and a sum for injury to feelings. The Respondent appealed on the basis that the ET had made findings in fact which contradicted the evidence of the Respondent's witnesses. Those findings in fact were crucial to the ET's determination of the issues. Those matters were not properly put to the Respondent's witnesses in cross examination. They had no opportunity to explain any contradictions. The ET's approach was a serious procedural irregularity, unfair and an error of law.

The EAT allowed the appeal. The ET erred by making findings in fact for which there was no evidential basis. That failure amounted to a serious procedural irregularity.