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EMPLOYMENT APPEAL TRIBUNAL 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS At the Tribunal On 23 October 2009 Judgment delivered on 19 January 2010 Before
Respondent's appeal against ET judgment that there was jurisdiction to determine Claimant's unfair dismissal claim. Post the Lawson v Serco analysis, and considering Hunt v United Airlines this appeal raised the question of an employee absent from work at the time of dismissal because he was suspended or on garden leave. ET judge was held to have misdirected herself on the test to be applied. Appeal allowed and matter remitted to be re-determined.
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