cases
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Horizon Security Services Ltd v Ndeze and The PCS Group UKEAT/0071/14/JOJ
Application for reimbursement of fees after a successful appeal.
- cases
25/06/2014 21:41
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Daler-Rowney Ltd v The Commissioner of Her Majesty's Revenue & Customs UKEAT/0273/13/LA
Appeal by employer against a notice of underpayment in respect of the National Minimum Wage requiring it to make payments of arrears of wages to 26 students, and a further penalty. It contended that the students fell within an exemption from the NMW, provided for by regulation 12(8) of the NMW Regulations. The NMW Regulations state that 'A worker who is undertaking a higher education course and before the course ends is required, as part of that course to attend a period of work experience not exceeding one year does not qualify for the National Minimum Wage in respect of work done for his employer as part of that course'. A higher education course was so defined as to relate only to courses undertaken within the UK. The EAT ruled that the ET was entitled to hold that this was (indirectly) discriminatory, but justified as a proportionate means of preventing abuse of the NMW system, which was a legitimate aim.
- cases
25/06/2014 20:50
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Theatre Peckham v Browne UKEAT/0154/13/RN
Respondent's appeal against an ET finding that the Respondents had subjected the Claimant to detriment by reason of her having made a protected disclosure in 3 out of the 6 respects in which she complained that she had been so treated. The EAT found that the 6th detriment, as found by the Tribunal, was based on an act or acts which had not been pleaded or relied upon by the Claimant; the principle in Chapman v Simon applied; the finding in the Claimant's favour could not stand.
- cases
24/06/2014 21:07
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Wade v CT Plus Community Interest Company UKEAT/0510/13/JOJ
Claimant's application to amend his ET1 to include a claim of disability discrimination and an appeal against the dismissal of his claim for unfair dismissal. Both application and appeal were dismissed.
- cases
23/06/2014 20:56
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Healey v Wincanton PLC UKEAT/0400/13/LA
Claimant's appeal against an ET decision that he had been fairly dismissed after he failed deliberately to obey a reasonable management instruction. Appeal dismissed.
- cases
23/06/2014 20:54
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Howlett v Royal Mail Group Ltd UKEAT/0368/13/DA
Case involving overtime pay for Sunday working when the claimant's role changed from that of engineer to health and safety officer. The question was whether the claimant working in the new role, which was Monday to Friday only, should be paid the same as before. On a proper construction of the Safety Representatives and Safety Committees Regulations 1977 he was only entitled to be paid for time he was given off, which on the Employment Tribunal's findings was the normal working week days. It remained open to him to work on a Sunday as an engineer and receive the overtime payment for that work.
- cases
23/06/2014 20:52
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Maguire v London Borough of Brent UKEAT/0094/13/RN
Claimant's appeal against the dismissal of his claim of unfair dismissal. The matter was remitted to a fresh Tribunal as the EAT found that the ET had erred by focussing on the narrow issue of whether a particular post, identified by the Claimant as offering suitable alternative employment for him after he had been made redundant, was vacant because it was under review; and in failing to resolve questions relating to that post, which were clearly relevant to the overall question of the reasonableness of the Claimant's dismissal as at the time it occurred.
- cases
23/06/2014 20:51
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Family Mosaic Housing Association v Badmos UKEAT/0042/13/SM
Respondent's appeal against an ET decision that the claimant had been unfairly dismissed after being selected for redundancy. Despite the ET having erred by substituting its view for that of the employer, the Tribunal had gone on to make further findings as to the selection process, which supported its conclusions that (1) the dismissal was unfair and (2) for the purpose of the complaints of race discrimination, the burden of proof had shifted and the Respondent had not discharged that burden. Those further findings stood notwithstanding the EAT's conclusion on the redundancy pool issue. The appeal was accordingly dismissed.
- cases
23/06/2014 20:48
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Swinburne & Jackson v Simpson UKEAT/0551/12/LA
Respondent's appeal against ET decision that the claimant, who was the longest serving and most experienced solicitor in the firm, had been unfairly dismissed after being selected for redundancy and had suffered age discrimination. The question for the Tribunal had been whether the dismissal of the Claimant for redundancy had been fair. It decided that it had not been. It delivered a fully reasoned judgment which contained no misdirection or other error of law. The appeal was dismissed.
- cases
23/06/2014 20:46
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Dass v The College of Haringey Enfield and North East London & Ors UKEAT/0108/12/MC
Claimant’s application for leave to amend his ET1 to pursue his claim for retrospective admission to the Teachers’ Pension Scheme for periods of part-time employment. The claimant was asked to provide amended grounds challenging the decision of an Employment Judge that there was no stable employment relationship between the Claimant and the Respondent between dates during the period for which retrospective admission to the scheme was claimed, but as none were provided in compliance with the order of the EJ, the application was refused.
- cases
23/06/2014 20:44
