Unfair dismissal – Determination whether dismissal fair or unfair. The Employment Appeal Tribunal (EAT) ruled that, in a case concerning unfair dismissal, the employment tribunal had been wrong to exclude the background related to a warning received by the employee prior to his dismissal for misconduct involving breach of the employer's email policies. However, the EAT dismissed the employee's appeal, deciding that in all the circumstances it would have made no difference to the outcome on the basis that, amongst other things: (i) the warning had required the employee to read and abide by company policies and he had indicated that he had understood it and had not appealed it; and (ii) during the appeal against his dismissal he had for the first time challenged the warning and his points had been investigated and rejected.