Perry's Motor Sales Ltd V. Edwards

This case involved a Claimant that had been dismissed for gross misconduct taken together with an existing final written warning. The misconduct (on both occasions) was in relation to invoicing issues with the latter incident involving the Claimant making a false submission. The Employment Tribunal (ET) found that the Claimant's dismissal was unfair, but that the Claimant had contributed to his dismissal by 50 per cent and therefore ordered the compensation be reduced accordingly.

However, the Employment Appeal Tribunal (EAT) has found that the ET had erred in its finding of unfair dismissal because it:

• determined an issue that the Claimant had not raised in his claim form, namely the validity of the earlier warning;