In Lewis v HSBC Bank Plc the EAT held that, when it did not form part of a parties' case, a tribunal should not draw inferences from primary facts without giving the adversely affected party the opportunity to deal with the matter in evidence. In this case, the tribunal's findings in relation to one of the Bank's witnesses were a significant factor in upholding those parts of the claim that succeeded. However, these had not been part of the case advanced by Mr Lewis and the Bank had not been given the opportunity to deal with the tribunal's concerns in evidence. In failing to provide that opportunity, the tribunal had breached its duty to act fairly. Those parts of the case that had succeeded were remitted for hearing by a fresh tribunal (see XY v AB Bank ET/3200440/2005).