cases
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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.
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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
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Keppel Seghers UK Ltd v Hinds UKEAT/0019/14/JOJ
Appeal against a ruling that the claimant was a worker for the purpose of the extended definition of that term under section 43K(1) Employment Rights Act 1996, so as to entitle him to bring a claim of having suffered detriment under section 47B by reason of having made a protected disclosure and that his employer for the purposes of section 43K(2)(a) had been the respondent. Appeal dismissed.
- cases
20/06/2014 17:35
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Rodriguez-Noza v Abertawe Bro Morgannwg University Health Board [2013] EWCA Civ 1860
Appeal against an order by the EAT that not only the issue on which the ET had erred should be remitted to the ET but also the issue the EAT had upheld. Appeal allowed.
- cases
20/06/2014 13:31
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Her Majesty's Attorney General v Iteshi UKEAT/0435/13/RN
Application for a s33 restriction of proceedings order to be made against the claimant who had made 30 ET claims in 4 years, most of which were described as vexatious. Application granted and an indefinite order made.
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20/06/2014 10:43
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Chindove v William Morrisons Supermarket Plc UKEAT/0201/13/BA
Appeal against the dismissal of the claimant’s claims of unfair constructive dismissal and race discrimination. Appeal allowed.
- cases
19/06/2014 12:06
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Begraj & Begraj v Heer Manak Solicitors & Ors UKEAT/0496/13/BA
Appeal against a decision by the ET to recuse itself after it had received information from a third party that was prejudicial principally to one party in the case. Appeal dismissed.
- cases
18/06/2014 15:25
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A v B & C UKEAT/0409/13/BA
Appeal against a finding that, although the claimant’s dismissal was procedurally unfair, the respondent decision taker was reasonable in holding a genuine belief that the claimant’s failure to disclose to her employer the fact of her relationship with a convicted sex offender was gross misconduct. Appeal dismissed.
- cases
18/06/2014 15:20
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Purohit v Hospira UK Ltd UKEAT/0520/13/LA
Appeal against a decision that the claimant was not disabled within the meaning of s6(1) of the EA 2010. Appeal dismissed.
- cases
18/06/2014 15:14