London Ambulance Service NHS Trust v Small - Extent of misconduct admitted by employee made his own contribution to his dismissal more than 10%  EAT
Mr Small, an ambulance paramedic, was dismissed for gross misconduct following his attendance at an emergency where he failed to follow set procedures. An employment tribunal found his dismissal was unfair - both substantively and procedurally. However it reduced his compensation by 10% on the grounds of blameworthy conduct on his part. The Trust appealed.
The EAT held that the tribunal had not substituted its own view and that, had a correct procedure been followed, the dismissal would not have occured. The dismissal was unfair. To that extent the appeal was dismissed.