cases
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Fulcrum Pharma (Europe) Ltd v Bonassera & Anor UKEAT/0198/10/DM
Appeal against findings that the employers had failed to consult properly on the size of the pool when considering redundancy and that the pool had to include two people. The EAT found that the ET was correct in the first finding but had erred on the size of the pool and the case was sent back for reconsideration.
- cases
25/10/2010 08:37
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Russell & Ors v Transocean International Resources Ltd & Ors [2010] CSIH 82
Appeal against decision by the EAT that workers employed on an oil rig could not take their annual leave during the period for which they were working offshore. Appeal dismissed.
- cases
21/10/2010 16:50
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Weston Recovery Services v Fisher UKEAT/0062/10/ZT
Appeal against a finding of unfair dismissal after the Tribunal concluded that, although the behaviour of the claimant could be described as misconduct, it was not gross misconduct. Therefore the employer was entitled to dismiss him with the proper notice, but not summarily dismiss him. The EAT upheld the appeal, saying that the employer had passed the Burchell test, followed a fair procedure and imposed a sanction, dismissal, which fell within the range of reasonable responses. However, they also said that the claimant had been wrongfully dismissed, so was entitled to notice pay. The award was reduced by the amount of the basic award.
- cases
20/10/2010 15:11
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Riniker v City & Islington College Corporation UKEATPA/0541/10/CEA; UKEATPA/0542/10/CEA
Rule 3(10) application appealing against: 1) the refusal by the Employment Judge to make changes, under the slip rule, to the title and substance of a review judgment; 2) the allegedly inconsistent, anomalous and unlawful situation that there were two judgments on the record in this case; and 3) the refusal to order the production of the Employment Judge's notes. 'Pre-hearing review' substituted with 'hearing' in ground 1. Other applications refused.
- cases
20/10/2010 15:11
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Pinewood Repro Ltd T/A County Print v Page UKEAT/0028/10/SM
Appeal against ET decision that the claimant had been unfairly dismissed in relation to redundancy. The appeal focussed on the Tribunal’s findings that the respondent had failed to conduct adequate or effective consultation with the claimant by reason of their failure to provide him with an adequate explanation of why he had received lower scores than the two other people in the pool for redundancy, and also the Tribunal’s decision not to make a Polkey deduction. The EAT found that the conclusion the ET came to was simply that the matters relied on by the assessors to mark down the claimant were patently challengeable. On the Polkey issue they agreed with the Tribunal’s analysis there was a reasonable chance that he would not have been dismissed. Appeal dismissed.
- cases
14/10/2010 15:34
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Pricewaterhouse Coopers LLP v Popa (Debarred) UKEAT/0030/10/DA
Appeal against decision by the ET that the claimant had been victimised. Appeal succeeded; finding of victimisation set aside and remitted to the same Employment Tribunal to determine whether a detriment had been suffered.
- cases
14/10/2010 14:55
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Gisda Cyf v Barratt [2010] UKSC 41
Appeal against ruling that unfair dismissal and sex discrimination claims were in time, in circumstances where the claimant had not read the letter of dismissal until four days after it had been received at her home. Appeal dismissed, largely on the grounds that, in such circumstances, s97 of the ERA 1996 should not be interpreted under established laws of contract but through the statutory intent of Parliament.
- cases
14/10/2010 09:40
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Aryeetey v Tuntum Housing Association [2010] EWCA Civ 1088
Application to re-open the refusal to grant permission to appeal various orders in a case concerning unfair dismissal and a protected act. Application refused.
- cases
12/10/2010 15:41
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Wilkinson v University of Lincoln [2010] EWCA Civ 1075
Renewed application for permission to appeal decision by the EAT which dismissed an appeal against the ET judgment relating to the applicant’s claim of unfair dismissal and discrimination. Application adjourned.
- cases
12/10/2010 15:37
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Hunt v Tesco Stores Ltd [2010] EWCA Civ 1069
Application to appeal, out of time, against a refusal of the EAT to review its decision, dismissing the applicant’s claim of unfair dismissal. Application refused.
- cases
12/10/2010 15:36
