The Court of Session has reinstated a tribunal's decision that an employee, dismissed for an alleged domestic assault on his partner (who also happened to be his colleague), was unfair under section 98 of the Employment Rights Act 1996. Since the dismissing officer expressly accepted that the employee had acted in self-defence, it could not be said that he believed in the employee's culpability. In these circumstances, the tribunal had been entitled to find that the employer had not established that the reason, or principal reason, for the employee's dismissal was misconduct. In any event, the employer's investigation was inadequate and unreasonable.