Can an ET judge change the scope of an employers disciplinary process?

[rapoo]

I was given a warning for saying things online. Employer said my comments damaged their business. Disciplinary procedure states that if an investigation finds damage was caused to the business by an employees actions then employee will be sanctioned. The issue i have is that the investigation did not find any damage caused and i was still sanctioned. This warning was then used with another warning to get me out of the company and i took employer to tribunal. The judge allowed employer to rely on potential for damage instead of establishing damage was done. The judge altered the disciplinary procedures after the fact by widened their scope. This turned my dismissal from unfair to fair because without the first warning the dismissal would have been unfair. Is the judge allowed to do that or is this grounds for appeal? Thanx

[ULA]

Without more detail such as seeing the judgement made and the reasoning for the judge's decision this is a question that cannot be given a reasoned answer.

[rapoo]

Without more detail such as seeing the judgement made and the reasoning for the judge's decision this is a question that cannot be given a reasoned answer.

Thanx for your reply. Wasnt really asking for anyone to look at the full et decision. Just want to know this one thing, can a judge alter the procedures of a company when making his decision. Procedures clearly state "if an investigation finds damage was caused to the business by an employees actions then employee will be sanctioned", can the judge tag on an extra bit that says "if there was potential for damage by an employees actions an employee will also be sanctioned" which wasnt included in the procedures at the time of the disciplinary? If he can then thats the end of it but if he cant then I will assume I can appeal on the grounds that he changed the rules.