The claimant in this case was the Secretary of a golf club. In 2008 the golf club started to suffer serious financial problems and needed to make redundancies. The claimant was one of those made redundant.

The Secretary claimed that the real reason for his dismissal was not redundancy, but was his conduct and capability. The EAT held that the employment tribunal had dealt with the material which could have pointed to dismissal for other reasons but found that there was no adverse inference to be made.

The employment tribunal was entitled to conclude that the reason it found for dismissal, i.e. redundancy, was the principal reason, even though some evidence pointed to other reasons concerning conduct and capability and that the employer might have acted to disguise those reasons by alleging redundancy. They EAT also rejected the argument that the employment tribunal had not dealt with the question of lack of consultation. http://www.bailii.org/uk/cases/UKEAT/2012/0057_11_2310.html