Appeal No.	EAT/1397/01

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 21 May 2002

Before
MISS RECORDER ELIZABETH SLADE QC
MR B GIBBS
MS H PITCHER

ICG (UK) T/A SEARLE MANUFACTURING CO	APPELLANT

MR J BONE	RESPONDENT

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

Revised

	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.