The original tribunal case concerned claims of unfair dismissal, unpaid holiday and breach of contract which were upheld, and resulted in the employer being ordered to pay £9,530.

On appeal, the EAT has decided to remit the case to a tribunal because (i) the original tribunal chairman seemingly failed to consider the reasons for a delay in a request for a review by the employers and (ii) "he took into account a consideration which he should not have done; that is he expressly took into account the failure of the Respondent to attend the remedy hearing."