• where the parties to an unfair dismissal complaint have agreed before an Employment Tribunal that the reason for dismissal was the employee's lack of capability, it is not open for the employee to submit on appeal to the EAT that the original tribunal had confused dismissal for lack of capability with dismissal for misconduct; and

• in circumstances where an employee refused to give proper consent to a medical examination, three and a half months from the date on which she went off on sick leave to the date of her dismissal can be a reasonable period.

An example of a case in which:-

the Employment Appeal Tribunal was wrong to hold that a decision of an employment tribunal was "perverse".

For relevant general notes see Illness, sickness and accidents/dismissal/general and/or Employment tribunals/perverse decisions and/or Unfair dismissal/reasons making dismissal prima facie fair/employee incapable or unqualified .