Mr Stuart was employed by London City Airport as a ramp operator. During a break he was suspected of taking some items from the duty free. The police were called and he was apprehended in the shop next door whilst talking to a colleague with the items which he had not paid for. After a hearing and appeal Mr Stuart was dismissed. He claimed Unfair Dismissal, denying the misconduct and alleging that the Airport had failed to carry out a proper investigation. The Employment Tribunal dismissed his claim.

The EAT found this decision to be perverse stating that the Airport in its investigation had focused too much on the question of whether Mr Stuart had known he was leaving