cases
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Watkins v Jeanette Crouch T/A Temple Bird Solicitors UKEAT/0145/10/ZT
Appeal against a finding by the Tribunal that the claimant was not unfairly dismissed following a redundancy exercise. The EAT found that the Tribunal had not addressed in its decision in any meaningful way the case which was advanced on the claimants’ behalf and thus the ruling could not stand. Appeal succeeded and matter remitted to a different Tribunal for a rehearing.
- cases
16/09/2010 16:09
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Shackletons Garden Centre Ltd v Lowe UKEAT/0161/10/JOJ
Appeal against ruling that the claimant had been indirectly discriminated against because the employer applied a Provision, Criterion or Practice (“PCP”) whereby its employees had to work weekends which put women to a particular disadvantage. The EAT found that there were insufficient findings of fact to enable them to come to that conclusion; in particular they could not identify what constituted the disadvantage imposed on the claimant and whether or not the detriment suffered by the claimant was self inflicted. Appeal succeeded and remitted to a different Tribunal.
- cases
14/09/2010 15:26
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Secretary of State for Work & Pensions v Wakefield UKEAT/0435/09/JOJ
Appeal by employer against a decision by the ET that, whilst the claimant had not been discriminated against by reason of disability, the employer had failed to make reasonable adjustments. The EAT found that no proper identification of the substantial disadvantage had been made and therefore the ET could not make a proper assessment of what steps it would be reasonable for the employer to take. Appeal succeeded and remitted to the same Tribunal for re-consideration.
- cases
14/09/2010 15:25
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Kelly v University of Southampton UKEAT/0139/10/LA
Appeal by claimant against a ruling by the ET that her compensation for unfair and wrongful dismissal should be limited because she failed to mitigate her loss. The claimant was dismissed following the expiration of her work visa, and once this was sorted out, she failed to re-apply for her old job or other jobs at the University for which she was suitable and which the ET found she would probably have been offered. Appeal dismissed.
- cases
14/09/2010 15:24
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Birch & Ors v Walsall Metropolitan Borough Council & Ors UKEAT/0121/10/JOJ
Appeal against decision by the ET that a group of claimants bringing an equal pay claim had not complied with Step 1 of the Statutory Grievance Procedure, so the ET was unable to hear their complaint. Cross appeal against a ruling that a second group of claimants had complied with the SGP. Appeal succeeded and cross appeal dismissed.
- cases
10/09/2010 14:19
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Clarke v Zurich UK General Services Ltd UKEAT/0184/10/DA
Appeal against a costs order made against the claimant who lost her claim of unfair dismissal. The claimant had been dismissed for her part in imprisoning a private investigator. The EAT ruled that the Employment Tribunal was entitled on the evidence before it to conclude that the claimant had participated in the unlawful detention of the private investigator, although there was evidence before the Employment Tribunal that supported the claimant’s case. The weighing up of conflicting evidence was a matter solely for the Employment Tribunal and complaints as to its findings did not (in the absence of perversity) raise any point of law. Appeal dismissed.
- cases
10/09/2010 11:45
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Serco Home Affairs Ltd v Watson UKEAT/0348/10/ZT
Appeal by the employer against a ruling at an ET case management discussion that the claimant’s claims of race discrimination could be heard. Appeal succeeded and the claim was struck out.
- cases
10/09/2010 11:44
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McCormack v Hamilton Academical Football Club [2010] CSOH 124
The claimant was seeking damages as a consequence of being wrongly dismissed. The court ruled that, although the cumulative effect of minor misdemeanours may amount to gross misconduct and thus destroy the trust and confidence in the employee, the employer is also under a duty to tell the employee if their actions are causing them to lose trust and confidence. In this case, the employer did not keep the claimant fully informed about his behaviour and thus his conduct did not justify summary dismissal. The claim of wrongful dismissal was upheld, the quantum award to be considered at a later date.
- cases
09/09/2010 15:56
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Shoesmith v Ofsted & Ors (Supplementary Judgment)
Judgment concerning costs and permission to appeal arising from judicial review proceedings where a Director of Children's Services was dismissed following intervention from the Secretary of State. Permission to appeal the judge's decisions with regards to the Secretary of State and the local authority was granted.
- cases
05/09/2010 16:00
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Simpson v Endsleigh Insurance Services Ltd & Ors UKEAT/0544/09/DA
Appeal against finding that the claimant’s redundancy during maternity leave was not automatic unfair dismissal. Appeal dismissed.
- cases
31/08/2010 14:38
