The Claimant was involved in an altercation with another employee which led to him raising a grievance. The Claimant did not attend the informal meetings to discuss the grievance and then went off sick. The Claimant was eventually dismissed and she lost her claim of unfair dismissal at the ET. She appealed.

The EAT allowed the appeal, finding that the ET erred in law in its assessment of the reason for dismissal and for failing to determine the question of whether a previous final warning was manifestly unfair, having identified that as one of the issues for determination. A finding of unfair dismissal was substituted.