PERFECT GLAZING LTD v MR A BUSSANIUS [2001] UKEAT 1282_01_1812
[1]APPEARANCES For the Appellant MRS LINDA McGRATH (Solicitor) Messrs Challinors Lyon Clark Solicitors Guardian House Cronehills Linkway West Bromwich West Midlands B70 8SW JUDGE D PUGSLEY This is a case where the Respondent failed to appear at the hearing. We have little sympathy for those who choose not to take part in the hearing and then turn round and want to complain about the decision, but in this particular case we do think an issue has been raised that is at least arguable. It is quite simply this. In the Originating Application, the Applicant said he was no longer able to work due to having an accident. The Tribunal awarded him a loss of wages that covered that period.[2]We think that when there was an application for review, the Tribunal should, at least, have arguably considered that issue and granted the review. We think that that is at least arguable. We have to say that the other matter, namely there is no basis for the loss being awarded on the basis of £260.62, is not a matter we suspect we would allow to go to a full Tribunal with much enthusiasm as a discrete and particular issue. Nevertheless, as we think there is an arguable point we do allow that matter to be argued as well. We make a normal order that there be half a day, category C. We also order Chairman's Notes related purely to the Applicant's net pay.