Asif v Elmbridge Borough Council - The search for the elusive "reasonably arguable ground of appeal" [2011] EAT
The early stages of the EAT appeal process (Notice of Appeal, sift on the papers, preliminary hearing) can be seen perhaps as a "search for the elusive, arguable ground or, more accurately, a reasonably arguable ground".
Ms Asif was made redundant as part of a reorganisation. She claimed unfair dismissal and a failure to be paid equal pay with a male comparator. An employment tribunal dismissed her claims.
Ms Asif appealed to the EAT, where at a preliminary hearing her appeal was allowed to proceed on the redundancy point only.
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