What is that old saying about a defendant that defends himself has a fool for a client? Unless Pablo is a qualified employment lawyer, he is not doing himself any favours. In my very limited experience in these matters, employees tend to win on points of procedure rather than the misinterpretation of law.
Burden of proof is normally on the employer, but it does appear to be overwhelming. If Pablo is reading this thread, he would be well advised to spend a few thousand Pounds and pay for expert advice. Unless he doesn't need this job?