cases
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Oso & Anor v Newham University Hospital NHS Trust UKEAT/0099/10/DM
Appeal against decision of ET rejecting unfair dismissal and race discrimination claims in circumstances where the claimants had been the only two dismissed out of ten nurses suspended during investigations into allegations of abuse. The appeals were dismissed; the race claims partly because the ET was entitled to focus on actual comparators rather than consider hypothetical ones.
- cases
26/08/2010 08:29
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Canadian Imperial Bank of Commerce v Beck UKEAT/0141/10/RN
Appeal against ruling that the claimant had been discriminated against by reason of age. Cross appeal concerning the inclusion of discretionary bonus payments when calculating a protective award. Both appeal and cross appeal dismissed.
- cases
25/08/2010 09:53
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Parfums Givenchy v Tabaquin Finch UKEAT/0517/09/RN
Appeal and cross appeal in a judgment concerning unfair dismissal and written particulars of employment. The EAT found the ET had made 2 mistakes of fact which made the judgment perverse and so could not be unarguably right. The matter was remitted to a different Tribunal. The EAT also struck out the award under s38 of the Employment Act 2002 as the claimant did not qualify under that section.
- cases
24/08/2010 10:03
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Arhin v Enfield Primary Care Trust [2010] EWCA Civ 982
Application to appeal refusal by the EAT to allow the appellant to appeal their decision in relation to compensation and re-engagement/reinstatement in an unfair dismissal case. Application allowed.
- cases
23/08/2010 11:02
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West Hertfordshire Hospitals NHS Trust v Evans UKEAT/0398/09/SM
Appeal by respondent against 1) a ruling that the claimant had been automatically unfairly dismissed; 2) application of a 30% uplift to the compensation awarded; and 3) an award for loss of earnings until retirement. Appeal allowed in part: uplift reduced to 10%, and compensatory award to be decided before a differently constituted Tribunal. Automatic unfair dismissal upheld.
- cases
20/08/2010 09:52
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Christie v Johnston Carmichael UKEATS/0064/09/BI
Appeal against the decision of the ET that the claimant was not unfairly constructively dismissed. Cross appeal by respondent against an order that they pay a sum for unpaid remuneration, and no entitlement to claim back course fees from the claimant. Appeal dismissed, cross appeal relating to course fees allowed, matter relating to unpaid remuneration remitted to Tribunal.
- cases
20/08/2010 09:49
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Thomson v London Borough of Haringey UKEAT/0318/09/LA
Appeal against decision by the ET that the claimant had not been unfairly dismissed as Step 1 of the now repealed statutory disciplinary procedures had been complied with. The EAT agreed with the ET that, although the email, arranging a Step 2 meeting, was not sufficient alone to comply with Step 1, when it was read in conjunction with previous communication, the claimant was well aware that she was at risk of redundancy. Appeal dismissed.
- cases
20/08/2010 09:47
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Gloucestershire Constabulary v Peters & Peters UKEAT/0322/10/ZT
Appeal by respondent against a refusal by the Employment Judge to allow an indefinite stay on employment proceedings relating to disability discrimination whilst a criminal investigation was still ongoing. Appeal allowed.
- cases
19/08/2010 08:25
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KLT Construction Ltd v Swain UKEAT/0527/09/JOJ
Appeal against decision by the ET refusing to set aside a judgment in default which had been made against the respondent because of late submission of the ET3. The EAT concluded that the EJ had not considered the respondent's prospects of success and so had made an error of law. Review judgment and judgment in default set aside, and response accepted out of time.
- cases
17/08/2010 11:59
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Hakim v Italia Conti Academy of Theatre and Arts [2010] EWCA Civ 970
Renewed application for permission to appeal a decision by the EAT that they did not have jurisdiction to hear a discrimination claim because the claimant was not an employee. The claimant had been a student on a non-vocational course and the Court of Appeal upheld the ruling by the EAT that the claim should remain in the County Court. Application refused.
- cases
17/08/2010 11:46