cases
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Anwar v Tower Hamlets College UKEAT/0091/10/RN
Appeal against the decision of the ET that the claimant was not disabled within the meaning of the Disability Discrimination Act 1995. Appeal succeeded in part and remitted to a different Tribunal for determination.
- cases
27/08/2010 11:29
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JP Morgan Europe Ltd v Chweidan UKEAT/0286/09/JOJ
Appeal against finding that the claimant had suffered direct discrimination in relation to his dismissal and payment of a bonus but where claims for disability-related discrimination were dismissed. The matter was remitted to the ET to determine whether there were additional grounds for finding there had been direct discrimination.
- cases
27/08/2010 10:43
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Zinda v The Governing Body of Barn Hill Community High & Ors UKEATPA/1146/09/LA
Appeal against refusal by registrar to accept a fresh Notice of Appeal which had been lodged out of time. Although the EAT found that the registrar had erred by saying that the claimant should have proved it was impossible to lodge the appeal in time, her decision not to allow it was correct since the claimant could not show exceptional reasons for why it was late. Appeal dismissed.
- cases
27/08/2010 10:42
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Commissioner of Police of the Metropolis v Buchanan UKEAT/0518/09/SM
Appeal by the respondent police force against a finding that the claimant police officer had been automatically unfairly dismissed. The EAT found that the ET had erred by ruling that the Step1 letter did not comply with the statutory disciplinary procedures, but decided that the dismissal was unfair because the police used the Convictions Board to deal with the dismissal despite the claimant not having been convicted of an offence. Appeal dismissed.
- cases
27/08/2010 10:30
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Prowse-Piper v Anglian Windows Ltd & Ors [2010] EWCA Civ 428
Appeal by the respondent employer that the claimant, whose complaints of sex discrimination and unfair dismissal had already been upheld, should not be given the opportunity to claim sex discrimination relating to the respondent’s failure to offer her alternative employment following a genuine redundancy situation. Appeal dismissed.
- cases
26/08/2010 10:50
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Wilson Devonald v Suckling UKEAT/0131/10/DM
Appeal against decision that the claimant was unfairly dismissed as the sanction of dismissal fell outside the band of reasonable responses. Appeal allowed: the ET had wrongly substituted its views for those of the employer. The EAT found that the claimant was fairly dismissed.
- cases
26/08/2010 08:46
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Tao Herbs & Acupuncture Ltd v Jin UKEATPA/1477/09/RN
Appeal against compensation award following a ruling that the claimant had been unfairly dismissed. The EAT agreed with the ET that the employer's ability to pay was not a relevant consideration under s123 of the ERA. Appeal dismissed.
- cases
26/08/2010 08:39
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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
