The claimant was dismissed in 2011 from his employment with Thames Water Utilities Ltd after 34 years' continuous service. He won his UD case but the tribunal found there to have been a 40% contributory fault and reduced the award accordingly. The employer won the appeal to the EAT. The claimant subsequently appealed to the Court of Appeal.

The claimant's job, in part, was to report faults in a large (several tonnes) valve in the sewerage system. He was dismissed for safety issues involving the failure to wear breathing apparatus. A Mr Andrews was not, the employer arguing that Mr Newbound was much more experienced. What appears to have been ignored by the employer was that it was actually