The Claimant was dismissed following a final written warning which was still live. Her appeal against the dismissal was dismissed. The ET found that the Claimant had suffered harassment and victimisation and had been unfairly dismissed. The Respondent appealed.

The EAT allowed the appeal in respect of the harassment and victimisation complaints but dismissed the unfair dismissal appeal. The ET had dealt with harassment and victimisation together and conflated the relevant components; treating elements of victimisation as if they were elements of harassment; and vice versa. On the unfair dismissal claim, one ground of appeal was dismissed, the ET having correctly concluded that it should not substitute its own view of what should have happened, for it is judging whether the actions of the employer were fair, and not deciding what it would have done.