Appeal No.	EAT/1282/01

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 18 December 2001

Before
HIS HONOUR JUDGE D PUGSLEY
MR J C SHRIGLEY
MR P M SMITH

PERFECT GLAZING LTD	APPELLANT

MR A BUSSANIUS	RESPONDENT

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING
Revised

	APPEARANCES

For the Appellant	MRS LINDA McGRATH
(Solicitor)
Messrs Challinors Lyon Clark Solicitors
Guardian House
Cronehills Linkway
West Bromwich
West Midlands B70 8SW

JUDGE D PUGSLEY
1.	This is a case where the Respondent failed to appear at the hearing. We have little sympathy for those who choose not to take part in the hearing and then turn round and want to complain about the decision, but in this particular case we do think an issue has been raised that is at least arguable. It is quite simply this. In the Originating Application, the Applicant said he was no longer able to work due to having an accident. The Tribunal awarded him a loss of wages that covered that period. 

2.	We think that when there was an application for review, the Tribunal should, at least, have arguably considered that issue and granted the review. We think that that is at least arguable. We have to say that the other matter, namely there is no basis for the loss being awarded on the basis of £260.62, is not a matter we suspect we would allow to go to a full Tribunal with much enthusiasm as a discrete and particular issue. Nevertheless, as we think there is an arguable point we do allow that matter to be argued as well. We make a normal order that there be half a day, category C. We also order Chairman’s Notes related purely to the Applicant’s net pay.