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EMPLOYMENT APPEAL TRIBUNAL 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS At the Tribunal On 9 December 2009 Judgment delivered on 26 January 2010 Before
MS A WACHA APPELLANT (1) MRS M LEWIS (DEBARRED) (2) NOVAS SCARMAN GROUP LIMITED RESPONDENT
Employment Tribunal erred in law in finding Claimant had complied with the statutory appeal procedure under the Employment Act 2002 but the Respondent employer was not required to make an increase in compensation under s.31(3). The Tribunal made no reference to s31(4) and it was completely unclear whether it had that provision in mind. Case remitted to the same Tribunal.
In our judgment, the Employment Tribunal have properly applied the stricture of Underhill J in the Stewart case.
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