Court of Appeal
HELD: (1) The EAT's decision that the tribunal had misdirected itself in law was right for the reasons it gave. Given that the reason for dismissal was M's indefinite incapability to do her job, and as the manner in which she was dismissed was procedurally fair, there was nothing to distinguish the case from that of an employee who had been dismissed following an industrial accident that rendered him incapable of continuing in his employment. (2) The EAT had not misdirected itself on the authorities it relied on and its analysis was a wholly accurate summary of the effect of the authorities and should be followed by both employment tribunals and EATs in the future, London Fire and Civil Defence Authority v Betty (1994) IRLR 384, Edwards v Governors of Hanson School and Frewin v Consignia Plc considered. On the facts, B's culpability in bringing about M's incapability was plainly not a basis upon which it could be said that her dismissal was unfair.
 EWCA Civ 806
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