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.