cases
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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Appeal against decision by the ET that the claimant had not been unfairly dismissed as Step 1 of the now repealed statutory disciplinary procedures had been complied with.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
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Community Dental Centres Ltd v Sultan-Darmon UKEAT/0532/09/DA
Appeal against Tribunal’s decision that the claimant was a worker within the meaning of section 230(3) of the Employment Rights Act 1996, and thus could hear his claim of unlawful deduction of wages. Appeal allowed.
- cases
13/08/2010 12:09
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South Lanarkshire Council v Russell & Ors UKEATS/0067/09/BI
Appeal against an order requiring the respondent employer to provide additional information in respect of an equal pay claim. The order was held to be incompetent because, despite the hearing taking place before a full Tribunal, the Employment Judge made the order alone, contrary to rule 18(2). In the alternative, if the Employment Judge wanted to make a standalone order under rule 10, the lay members should not have heard the argument. Appeal allowed and case remitted to the Tribunal.
- cases
13/08/2010 11:28
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The Governing Body of St Andrews Catholic Primary School & Ors v Blundell UKEAT/0330/09/JOJ
Appeal against the level of compensation awarded and a statutory recommendation, arising from findings of unfair dismissal, sex discrimination and breach of contract. Case remitted to the same Employment Tribunal to re-calculate the compensatory award, and the statutory recommendation varied.
- cases
09/08/2010 14:51
