However, a different conclusion was reached in Fennelly v Connex South Eastern Ltd [2001] I.R.L.R. 390 in which the claimant was assaulted by the defendant’s employee following a dispute about ticket verification. The Court of Appeal held that it was artificial to say that the assault was separate from what the claimant’s assailant was employed to do, which was to verify payment for the journey, and that the series of events comprised a single incident.