Cases won on appeal at the EAT are usually successful on the back of one or two technical legal points, rarely on the back of three or four fairly mundane legal points as was the case in Network Rail Infrastructure Ltd v Mr K Marks.  This unfair dismissal case was ‘flawed’ on the basis that the Employment Tribunal Judge failed to apply a neutral burden of proof, failed to consider Polkey, failed to consider contributory fault and failed to define the period of loss.