United Kingdom Employment Appeal Tribunal

APPEARANCES

 

For the Appellant	MR T LINDEN (of Counsel) Instructed By: Engineering Employers' Federation Broadway House Tothill Street London SW1H 9HQ


 


MISS RECORDER ELIZABETH SLADE QC:

1. This is the preliminary hearing of an appeal against the Reserved Decision of an Employment Tribunal which determined that the Applicant was entitled to a redundancy payment, enhanced in accordance with a contractual agreement, which incorporated an agreement reached with the relevant Trade Union.
2. The appeal raises a very short point in that the Tribunal erred in applying the statutory definition of redundancy to a contractual claim for an enhanced redundancy payment. It is said that the contract provided for a particular definition of redundancy which gave rise to the enhanced redundancy payment and it is that which should have been considered by the Employment Tribunal, rather than the statutory test.
3. We consider that this appeal raises an arguable point of law as outlined briefly in what we have just said and we allow this appeal to proceed to a full hearing.