Appeal No.	 EAT/974/98

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On  1 October 1998

Before
THE HONOURABLE LORD JOHNSTON
MR T C THOMAS CBE
MR G H WRIGHT MBE

(1) MRS J STEWART (2) MS M CADOGAN	APPELLANTS

EBONY SISTREN HOUSING ASSOCIATION	RESPONDENTS

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING - EX PARTE

Revised

	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.