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	United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Stewart & Anor v Ebony Sistren Housing Association [1998] UKEAT 974_98_0110 (1 October 1998) URL: http://www.bailii.org/uk/cases/UKEAT/1998/974_98_0110.html Cite as: [1998] UKEAT 974_98_110, [1998] UKEAT 974_98_0110

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APPEARANCES

 

For the Appellants	MS ALISON RUSSELL (of Counsel) Instructed by: Mr M T Aslam Messrs Aslam & Co Solicitors 239 High Street Acton London W3 9BY


 


LORD JOHNSTON: This is a preliminary hearing in an appeal at the instance of two ladies, Mrs Stewart and Ms Cadogan, against a finding of an Industrial Tribunal that they were dismissed from their employment with the respondents, Ebony Sistren Housing Association, by reason of redundancy.

Ms Russell appeared before us and argued in relation to the content of the tribunal's decision that, although on the face of their finding, they declared there to be a genuine redundancy situation, properly understood upon the narrative of the evidence, it was at least arguable, and we put it at the words 'at least', that the tribunal had confused the issue of restructuring and the need to save costs with the real issue as regards redundancy, namely whether there was cessation or diminution in the requirement of the employer for employees to carry out work of a particular kind. In these circumstances we consider there is an arguable case to be heard before a full hearing on that issue of misdirection and we will accordingly will so direct.