IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE EMPLOYMENT APPEAL TRIBUNAL
Royal Courts of Justice Strand London, WC2 |
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B e f o r e :
LORD JUSTICE RIX
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BIRMINGHAM CITY COUNCIL | Appellant/Applicant | |
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CHRISTOPHER JOSEPH JOHN GASTON | Respondent/Respondent |
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The Respondent did not appear and was not represented
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"30 If contrary to our finding and our judgment, the Tribunal did not ask itself the right question, or at any rate, did not pose the right tests in the course of asking itself the right question, there was, in any event, only one answer to the question, and the correct question, which the Tribunal did ask itself in paragraph 14; and even if we were going to get near to consideration of remission, there could only be one answer that a Tribunal could give on a remission."
That was the answer that the Tribunal had given, which was that Mr Gaston was not assigned to the undertaking transfer to Serviceteam.
ORDER: Application for permission to appeal refused.