This involved an appeal against a finding of unfair dismissal against the employer, a well known supplier of deep sea diving equipment to military and commercial customers.

However, following arguments put forward by Counsel representing Northern Diver, Mr. Gwynn Price Rowlands, the EAT (Ms Justice Eady) allowed the appeal since the decision had been defective. It was found that the original Employment Tribunal Judge had not  properly explained the basis upon which he reached the decision and had ignored important evidence.

The EAT also found that a finding of only minimal contributory fault had not been justified and the conclusion there had not been a significant health and safety issue had not been made out and that, prima facie, the test in Burchell had not been properly applied.

The employer's solicitor, Mr Craig McCracken, said that he was delighted that the errors in the original judgment had been recognised at appeal .

Read the full text of the case here.