Appeal No. EAT/319/93

	EMPLOYMENT APPEAL TRIBUNAL
	58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

		At the Tribunal
		On 3rd November 1993

	Before

	HIS HONOUR JUDGE J BULL QC

	MR A C BLYGHTON

	MISS A P VALE

MS E A HUNTER	APPELLANT

GENERAL ACCIDENT FIRE ASSURANCE plc	RESPONDENTS

	Transcript of Proceedings

	JUDGMENT

Revised

	APPEARANCES

For the Appellant	MR J McMULLEN
(Of Counsel)
Messrs Robin Thompson & Partners
Congress House
Great Russell Street
London
WC1B 3LW

For the Respondents	MISS L CHUDLEIGH
(Of Counsel)
Legal Advisor
General Accident
Pitheavlis
Perth
PH2 ONH

	JUDGE J BULL QC:  This is an appeal from a decision of the Tribunal sitting at Southampton on 16th November 1992 and 5th March 1993, under the Chairmanship of Mr V K Leese.

	The appeal is allowed.  The case is referred back to the Industrial Tribunal for a fuller analysis of its reasoning for its decision under Section 82(5)(b) of the Employment Protection (Consolidation) Act 1978, we add but this:  as Mr McMullen conceded in argument, the result might well be the same, but that of course we emphasise must be a matter exclusively for the determination of the Industrial Tribunal itself.