cases
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Brown v Baxter (T/A Careham Hall) UKEAT/0354/09/SM
Appeal against amount of compensation awarded for the claimant's automatic unfair dismissal. The claimant first claimed that a 30% uplift was too low and secondly, that the ET should have awarded her damages as a result of the respondent writing an adverse reference to her new employer. Appeal dismissed.
- cases
08/07/2010 21:11
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Chambers & Ors v QCR Motors Ltd (In Voluntary Liquidation) & Anor UKEAT/0545/09/MW
Appeals against decision by ET that claims of unfair dismissal had been brought out of time and therefore the court did not have jurisdiction to hear their complaints. The claimants claimed unfair dismissal after a TUPE transfer. The ET ruled, and the EAT agreed, that the clock for bringing a claim started on the date of transfer of the business, the claimants were aware of the date of transfer and were certainly aware of the date 3 weeks later. Therefore, it was reasonably practicable to have brought the claims within the 3 month limit. Appeals dismissed.
- cases
08/07/2010 20:55
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Fearon Vaughan Simpson v WM A Merrick (formerly T/A W A Merrick & Co Solicitors) UKEAT/0490/09/DA
Appeal by former employee to have counterclaims against her from her employer struck out. The claimant brought breach of contract claims for sums due under her employment contract. The respondent brought counterclaims relating to sums which the claimant took during her employment. The claimant's claims were struck out as they could only have been brought by the Official Receiver as at that time she had still been an undischarged bankrupt. The EAT refused the claimant's request that the 3 counterclaims which still survived be struck out since the requirements of the Employment Tribunals (Extension of Jurisdiction) England & Wales Order 1994, SI 1994/1623 had been met.
- cases
08/07/2010 20:38
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White v Burton's Foods Ltd UKEAT/0514/09/LA
Appeal against finding that the claimant was not in the same employment as the comparators put forward in Equal Pay Act claims. Appeal dismissed as the correct principles had been applied and the finding was not perverse.
- cases
08/07/2010 09:58
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Brill v Interactive Business Communications Ltd UKEAT/0062/09/JOJ & UKEAT/0097/09/JOJ
Appeal by claimant against the decision of the ET: 1) to revoke permission to amend the claimant's ET1, and 2) to remove the sanction of an unless order, striking out the respondent's response. Appeal against revocation of permission to amend the ET1, and, if necessary, the application to amend the ET1 was allowed and remitted to an Employment Judge. The appeal against the removal of the strike out was dismissed.
- cases
08/07/2010 09:30
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Smith v Chelsea Football Club PLC [2010] EWHC 1168 (QB)
Application for strike out of claims arising from alleged underpayments and unpaid bonuses and where the claims had previously been dismissed in an employment tribunal. Parts of the claim were struck out as barred by issue estoppel.
- cases
07/07/2010 08:13
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Harper & Anor v Hopkins [2010] EWCA Civ 742
Renewed application for permission to appeal where the appellants had been refused an extension to appeal a decision in unfair dismissal claims in circumstances where they did not receive notification of a refused review application until 30 days after the decision was made. The application was adjourned to a full court.
- cases
06/07/2010 11:29
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North Cumbria University Hospitals NHS Trust v Fox & Ors [2010] EWCA Civ 729
Appeal involving consideration of the meaning of “stable employment relationship” in Equal Pay claims where the ET had found that the claimants attempt to amend their claim and include new comparators was out of time. The claim was found not be out of time.
- cases
02/07/2010 14:09
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Forson v The Governing Body of Harwich School & Ors [2010] EWCA Civ 751
Renewed application for permission to appeal in race discrimination, unfair dismissal and victimisation claims. Application refused.
- cases
02/07/2010 13:51
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Ravat v Halliburton Manufacturing & Services Limited [2010] CSIH 52
Appeal against decision of EAT that the ET did not have jurisdiction to hear claims of unfair dismissal in circumstances where the claimant worked overseas, mainly in Libya. Appeal allowed by a majority.
- cases
30/06/2010 18:01