American Golf Discount Centre Ltd v Williams [1998] UKEAT 778_98_0110
LORD JOHNSTON : This is the matter of American Golf Discount Centre Ltd against Mr M A Williams. In the preliminary hearing before us. Miss Anderson who appeared for the appellants submitted concisely, but to the point, that there was at least a question in this appeal with regard to the issue of whether or not the tribunal has substituted their view for that of the employer in determining how to categorise the conduct, to put a neutral phrase, that it was established to the satisfaction of the tribunal the respondent had committed.
Without much hesitation, we are of the view, despite the fact that within the decision the tribunal are careful to remind themselves that they must not substitute their own view, there is, at very least, a real question as to whether that is not what they have done. In the circumstances, this appeal will be allowed to go forward upon the issue, and only upon the issue, of whether or not the tribunal erred on the basis of a substitution of their view for that of the employer in considering how the conduct complained of should be categorised.