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While I agree with James Bowers that this decision does indeed seem a no-brainer, it appears that Employment Judges elsewhere are not prepared to follow the same line. While any further delay would clearly not be good news for the Claimant in this case, in the absence of any proper HMG direction on the issues, frankly I hope that Tescos appeal and we at least get an EAT ruling on the pointw which Employment Judges might be more amenable to following.