The appellant worked in the Wimbledon store. She had received a final written warning prior to her dismissal for an issue involving another member of staff but had failed to appeal in time under the employer's procedures and they declined to hear the appeal at that time. She was later dismissed for an unrelated matter where her sister-in-law was seeking to reclaim VAT on items purchased with the appellant's store discount card.

This incident arose at a time when the employer was investigating a second matter of an argument with a manager during which she raised her voice and displayed aggressive behaviour. The tribunal declined to look at the basis for the original final written warning and the appellant's