Judgment approved by the court Vaultex UK Ltd v Bialas upon before him, and what he, the deciding manager, made of them, nevertheless to dismiss the claimant for this conduct. 64. We have considered the overall factual findings of the tribunal as to all the relevant circumstances of this case. These include, as we have described: the content of the post itself; the respondent’s extensive policies and campaign, with all the features described by the tribunal, including reference to the impact of offensive material on fellow employees and that a first offence could result in dismissal; that the claimant plainly accepted that he was aware of this campaign (indeed, the post was put forward as a contribution to it); the factual findings that the claimant’s attitude of apology and remorse, long service and prior clean record had all been taken into account; and about what Mr Babbage considered to have been the claimant’s state of mind; and its factual findings as to the view that Mr Babbage also formed and took into account as to the impact on the campaign which imposing a lesser sanction than dismissal would be liable to have. 65. Having considered all of the facts found by the tribunal in the round, but particularly having regard to the findings as to the contents of the post, where it was posted and the nature and content of the respondent’s policies and campaigns, we conclude that any tribunal properly applying the law could not have concluded other than that dismissal, however harsh the tribunal might think the decision, was within the band of reasonable responses open to the employer in this case. 66. For all of these reasons, we uphold both grounds of appeal. We will, therefore, allow the appeal and, in light of our overall conclusion, we will substitute a decision — the only one that the tribunal could properly have reached applying the law to these facts — that dismissal was within the band of reasonable responses open to the respondent, and so it was not unfair. © EAT 2024 Page 23 [2024] EAT 19