ICG (UK) T/A SEARLE MANUFACTURING CO v MR J BONE [2002] UKEAT 1397_01_2105
[1]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: 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.