The claimant had been employed by the respondent as a driver. He was originally successful in his claims for unfair dismissal and unlawful harassment on the grounds of sexual orientation but the respondent appealed the finding of unfair dismissal to the Court of Appeal. The appeal was allowed and this discrete part of the claim was ordered to be re-heard by a differently constituted tribunal. 

The claimant was summarily dismissed on the ground of gross misconduct arising out of a fight with another colleague. He was consistently uncooperative and the tribunal considered that he ‘took refuge in procedural matters’ instead of dealing with the specific allegation. At one point he argued that insufficient details of the alleged assault had