The Claimant was dismissed for gross misconduct but lost his claim of unfair dismissal and disability discrimination at the ET. He had relied on the examination of his emails by the Respondent as evidence that they were trying to find a reason to dismiss him. The ET rejected this allegation, saying that the Respondent had an honest and reasonable belief in the three matters they had found to constitute gross misconduct and concluded that the dismissal of the Claimant had been fair, albeit following "perhaps rather more investigation into the matter than might have been reasonable in all the circumstances". The Claimant's emails were subsequently used by the Police as evidence that he had harassed two colleagues - he was convicted but his appeal to the Crown Court against this was allowed. He applied to have the ET judgment re-considered on the basis of the judgment of the Crown Court. His application was refused because the findings of the Crown Court did not affect the findings of the ET that the Claimant was fairly dismissed for gross misconduct, and he appealed to the EAT.

The EAT dismissed the appeal. The ET had been entitled to conclude that the new evidence would not have had an important influence on the original hearing given that it did not impact upon the decision to dismiss, which had been taken by a different manager, who was not tainted by the Crown Court's findings.