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	United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Maltel Ltd (t/a Maltel Hertford) v Howard [1997] UKEAT 821_97_1610 (16 October 1997) URL: http://www.bailii.org/uk/cases/UKEAT/1997/821_97_1610.html Cite as: [1997] UKEAT 821_97_1610

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APPEARANCES

 

For the Appellants	MR I M GRANT (Representative)


 


JUDGE JOHN BYRT QC: This is a preliminary hearing in relation to an appeal against a decision on review by an Industrial Tribunal sitting at Bury St Edmunds. The decision was promulgated on 19 May 1997, when it confirmed its original decision.

The issue is quite simple. At an earlier hearing the Industrial Tribunal found that the employee had been unfairly dismissed and therefore was entitled to compensation, but they also found that by reason of his own contributory conduct his compensation should be reduced by 40%. It so happens however, that the employers had paid him an ex gratia payment and the issue was as to whether that ex gratia payment should be taken into account in the calculation before or after the contributory conduct 40% had been taken into account.

We have reason to know, and indeed by Mr Grant's Skeleton Argument indicates, that this particular issue is the subject of conflicting decisions before the appellate tribunal and we have reason to believe that the matter is the subject of appeal to the Court of Appeal, though we have no certain knowledge of that. But quite clearly, this is a matter which should go forward to a full argument before this Tribunal, if in fact there is not a decision by the Court of Appeal in advance of such argument.

Accordingly, we direct this matter go forward for a full hearing.