Appeal No.	 EAT/376/99

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 16 June 1999

Before
HIS HONOUR JUDGE WILKIE QC
MR S M SPRINGER MBE
MR R N STRAKER

MRS M SIMON	APPELLANT

DAVID ALTERMAN & CO	RESPONDENTS

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING – EX PARTE

Revised

	APPEARANCES

For the Appellant	MR BENJAMIN BURGHER
(of Counsel)
Messrs David Wineman
Solicitors
Craven House
121 Kingsway
London
WC2B 6NX	

	JUDGE WILKIE QC:	

1.	Mr Burgher has persuaded us that on the issue of the aggravated damages there is a seriously arguable case that this Employment Tribunal, having used the very words in Alexander v Home Office [1988] IRLR 190, have erred in law in failing to categorise that which they have described in those terms as giving rise to aggravated damages and, therefore, we allow this appeal to go forward to a full hearing on that issue as well as the compensatory award.

2.	As far as the appeal against the finding that there was a dismissal by reason of redundancy. We are perfectly satisfied that the decision of the Employment Tribunal was based on evidence which was before it and is clearly enunciated, correctly applying the correct legal principles applicable to the facts they found and, therefore, we rule that there is no seriously arguable case on that issue. We therefore dismiss the appeal in so far as it refers to that issue of liability or reason for dismissal.

3.	It seems to us that on none of the bases upon which this appeal will go ahead is there any need for any Chairman’s Notes and therefore we will not order notes.

4.	As far as the time for the hearing. ½ a day would be sufficient. I do not think there is any need to amend the Notice of Appeal except to strike out paragraphs 1, 2 and 3.