cases
-
Martin v Southern Health & Social Care Trust [2010] NICA 31
Appeal against a ruling that a nurse's unpaid interrupted rest breaks, although constituting working time, did not qualify for payment since Regulation 21(c) of the Working Time Regulations applied. Appeal dismissed.
- cases
08/10/2010 16:33
-
Perth & Kinross Council v Townsley UKEATS/0010/10/BI
Appeal against decision by the ET to extend time for an indirect discrimination claim. Appeal succeeded and the entire claim was time barred and dismissed.
- cases
08/10/2010 11:06
-
Dixon v Viollet & Anor UKEAT/0342/10/RN
Appeal against an order made against the respondent in respect of unpaid wages. The claimant thought she was employed by T.HQ, of which the respondent was a director. Her claim for unpaid wages succeeded and the order was made against T.HQ and the respondent. However, T.HQ was actually owned by another company which was now in liquidation, so the correct respondent in the original claim should have been that company. The appeal succeeded and the order was amended so that it was enforcable against the company that was in liquidation.
- cases
08/10/2010 10:44
-
Allma Construction Ltd v Bonner UKEATS/0060/09/BI
Appeal against decision of an Employment Judge who held that no binding settlement had been reached after an offer to settle had been made and accepted, partly because ACAS did not believe that was the case. Appeal upheld and claim dismissed.
- cases
08/10/2010 10:09
-
Hacking & Paterson & Anor v Wilson UKEATS/0054/09/BI
Appeal against refusal by the ET to strike out a claim of indirect sex discrimination. The claimant claimed that she was being indirectly discriminated against because her employer refused her request for flexible working. The main issue for discussion was the make-up of the pool of comparators: should it consist of all employees of the respondent or just those who wanted the flexible working benefit? The EAT could not conclude that if the pool was made up only of those persons who wanted the benefit that the inevitable answer was that there was no indirect discrimination (since all requests would have been declined) and for that reason agreed that the Employment Judge was correct to refuse the application for a strike out.
- cases
07/10/2010 16:58
-
Chris Dickens T/A Chris Dickens Solicitors v Virdee UKEAT/0195/10/ZT
Appeal against finding of unfair constructive dismissal. Not only did the EAT agree with the ET that the respondent breached the implied term of trust, and the claimant resigned for that reason, they also awarded costs against the respondent because he did not attend the appeal hearing, and the claimant would not have instructed counsel if she had known.
- cases
05/10/2010 16:17
-
Kulikaoskas v MacDuff Shellfish & Anor UKEATS/0062/09/BI; UKEATS/0063/09/BI
Appeal against ET decision not to accept his ET1 which claimed associative sex discrimination. The claimant claimed that he had been dismissed as a result of his partners pregnancy, the partner also having being dismissed by the same employer. The EAT concluded that there was no reasonable doubt as to the correct interpretation of s3A of the Sex Discrimination Act and thus did not need to be referred to the ECJ for clarification. Appeal dismissed.
- cases
05/10/2010 16:16
-
East Dunbartonshire Council v Trade Union Backed Claimants & Ors UKEATS/0005/10/BI
Appeal against decision of the ET to allow amendment of an equal pay claim (adding new comparators) which, if it had been a fresh claim instead, would have been time barred. The respondent also objected to the fact they had had no opportunity to resolve the claims involving the new comparators at the grievance stage, and the Tribunal erred by saying that any prejudice suffered could be met by reducing the compensatory award. Appeal allowed; the EAT agreed that the amended claim did not meet the statutory criteria for a reduction in compensation, they allowed the claimants to amend their claims and remit these claims to the same Employment Judge to consider the applications to amend.
- cases
05/10/2010 16:15
-
Semple Fraser LLP v Daly UKEATS/0045/09/BI
Appeal against decision by the ET that the claimant had been unfairly dismissed on the grounds of redundancy. The ET re-marked the scores of the 2 employees at risk of redundancy, found them to be equal and concluded that the claimant had therefore been unfairly dismissed. The EAT disagreed and said that it was not open to the ET to re-mark the scores. Further, if equal scores made dismissal unfair for the claimant, so it would for the other employee. Also, even if different scores could have been reached by another employer that does not show that the respondent acted unreasonably. Appeal allowed and a finding of fair dismissal was substituted.
- cases
05/10/2010 16:14
-
Hammonds LLP & Ors v Mwitta UKEAT/0026/10/ZT
Appeal against decision that the claimant was discriminated against by reason of race, and that she had also been unfairly dismissed. Both appeals succeeded: the race discrimination claim was ordered to be re-heard before a different Tribunal, the unfair dismissal ruling was set aside.
- cases
05/10/2010 16:14
