At the original tribunal, Mr Pagano successfully claimed unlawful deductions from wages in relation to outstanding commission following his dismissal. The employer appealed, contending (i) that at the liability hearing the tribunal was not properly established and was therefore incompetent and (ii) perversity in relation to a specific finding made by the chairman.
The EAT has rejected both arguments. The case will now return for a remedies and costs hearing before the original tribunal chairman.
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