cases
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O'Brien v Ministry of Justice [2010] UKSC 34
Appeal concerning the rights of part-time workers, as well as questions of domestic law about the status and terms of service of judges in England and Wales. The Supreme Court referred the matter to the ECJ and expressed no concluded view on the domestic issues.
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28/07/2010 16:36
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Seldon v Clarkson Wright & Jakes & Anor [2010] EWCA Civ 899
Appeal against decision that a clause in a partnership deed requiring compulsory retirement at 65 was justifiable. Appeal dismissed.
- cases
28/07/2010 16:12
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Vickers v London Fire and Emergency Planning Authority [2010] EWHC 1855 (QB)
The claimant was seeking damages for breach of his employment contract and a declaration. The claim of breach of contract was dismissed and the claimant was not entitled to the declaration sought.
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28/07/2010 13:24
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Dootson v Royal Mail PLC UKEATPA/1315/09/ZT
Appeal against decision not to allow an application to appeal a disability discrimination claim because the application was lodged 2 days out of time. The application to appeal was lodged late, by mistake, by the lay representative of the claimant. The Registrar decided not to use their discretion to extend time. Appeal dismissed.
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28/07/2010 11:07
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Honey v City and County of Swansea UKEAT/0465/09/JOJ
Appeal against decision by ET that the claimant had not been unfairly dismissed. The claimant claimed that the statutory disciplinary procedures had not been followed and also that he had been treated differently from another worker in a comparable situation. Appeal dismissed.
- cases
28/07/2010 10:51
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Nationwide Building Society v Benn & Ors UKEAT/0273/09/JOJ
Appeals and cross-appeals arising from a decision in the ET that two sample claimants had been unfairly dismissed following a transfer of an undertaking. The EAT found that the ET had erred in relying on a breach of the employer's relevant consultation regulations as the basis for their decision.
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28/07/2010 10:34
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Scottish Opera Ltd v Winning UKEATS/0047/09/BI
Appeal by employer against decision that the claimant should be allowed to amend his claim from a pleading of unfair dismissal to failure to make reasonable adjustments under the DDA 1995, in circumstances where the claimant had suffered a seizure that prevented him from carrying out his driving duties. The employer had argued that the claim was debarred as the claimant had not lodged a corresponding grievance but the EAT upheld the Tribunal decision that the grievance procedure did not apply.
- cases
28/07/2010 10:18
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Punch Pub Company Ltd (formerly Spirit Group Ltd) v O'Neill UKEAT/0287/09/SM
Appeal against decision of unfair dismissal and the level of compensation awarded to the claimant. Cross appeal by the claimant that the Tribunal should have established that the dismissal was automatically unfair. Appeal succeeded by a majority and a ruling that the dismissal was fair was substituted.
- cases
28/07/2010 10:06
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NSM Music Ltd v McArdle UKEAT/0516/09/RN
Appeal by respondent against a decision that the claimant was unfairly dismissed, and that the claimant should be awarded compensation for loss of earnings while he re-trained as a teacher. The claimant cross-appealed, claiming that his dismissal should have been found to be automatically unfair and that his compensation should have been uplifted. Cross appeal failed. Appeal allowed on the compensation issue only and remitted to the same Tribunal.
- cases
28/07/2010 09:33
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Butt v Bradford Metropolitan District Council UKEAT/0210/10/ZT
Appeal against decision of the Tribunal that allegations of race discrimination fell within the Modification Order, and therefore the allegations could not proceed against the respondent, the Local Authority. Cross appeal by the respondent against ruling that other allegations fell outside the Modification Order and so therefore could proceed. Appeal dismissed and cross appeal allowed.
- cases
27/07/2010 10:10