Vision Security Group (t/a VSG) v Goodyear - New point on Polkey not allowed, and irrelevant anyway [2010] EAT

Generally a new point will not be allowed to be advanced on appeal to the EAT if it was not advanced below.

Mr Goodyear worked as a security guard at a shopping mall. Following some form of altercation with people he was trying to eject from the mall, he faced disciplinary proceedings and was dismissed for gross misconduct. The first manager to investigate concluded that Mr Goodyear deliberately took the person he hit out of sight of CCTV to do so; on internal appeal the reason for dismissal was given as "excessive force".