The claimant and her husband in this case worked for a medical device manufacturer. The claimant's husband suffered an injury at work and was paid full pay for over a year whilst off sick. When the sick pay was removed, the claimant asked for a change of shift so she could drive her husband to work and they could work the same shift.

In order to undertake the new duties the employer required that the claimant re-train. She refused to do so, was granted a cooling off period, took a grievance and was dismissed after many months. The EAT believed her refusal was linked to the withdrawal of her husband's sick pay, which she felt was unreasonable, but that