cases
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Gibb v Maidstone & Tunbridge Wells NHS Trust [2010] EWCA Civ 678
Appeal against dismissal of claim to enforce the terms of a severance agreement and alternative claims of unjust enrichment and breach of contract. Appeal allowed.
- cases
30/06/2010 17:55
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Secretary of State for Business, Innovations & Skills v Howard & Howard UKEAT/0025/10/RN
Appeal against decision by the Tribunal which refused to make a prohibition order, precluding the respondents from running an employment agency. Appeal allowed: the Employment Tribunal decision was so flawed in its logic that the case was remitted to another Employment Tribunal.
- cases
30/06/2010 17:31
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Nazir & Anor v Asim & Anor UKEAT/0332/09/RN
Appeal against findings of sexual and racial harassment and discrimination. The claims were brought against 2 members of a board, which was an unincorporated organisation: the Tribunal ruled that it had jurisdiction to hear the claims against the 2 board members in their capacity as representatives of the UA and not as individual perpetrators. 4 of the claims succeeded. The jurisdiction appeal was dismissed. The EATconfirmed that the board members were liable as 'employer' and not through vicarious or secondary liability. Claims of racial and sexual harassment and discrimination were remitted to a fresh Tribunal.
- cases
30/06/2010 17:28
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Riley v Royal Bank of Scotland Plc UKEAT/0509/09/LA
Appeal against Tribunal's ruling that the respondent had not breached its duty to provide reasonable adjustments under the Disability Discrimination Act 1995. The EAT found that the Employment Tribunal had considered all the relevant issues and concluded that the Respondent had devised and implemented a reasonable adjustment in its rehabilitation programme. Appeal dismissed.
- cases
30/06/2010 17:26
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Lezo v OCS Group UK Ltd UKEAT/0104/10/SM
Appeal against ruling by Tribunal that, although it was not reasonably practicable for the claimant to present his claim within the 3 month time limit, an unreasonable period of extra time had elapsed before the claim was presented. Appeal dismissed.
- cases
30/06/2010 17:24
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Northamptonshire County Council v Entwhistle UKEAT/0540/09/ZT
Appeal by employer where it was decided by the ET that it was not reasonably practicable for the claimant to present a claim in time as the employer had wrongly told them that he only had six weeks to claim and the claimant's solicitors had not noticed the error. Appeal allowed.
- cases
30/06/2010 17:16
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Nugent Care v Boardman UKEAT/0277/09/JOJ
Appeal by employer, and cross-appeal, against finding of unfair dismissal for gross misconduct where the case turned on the adequacy of the investigation. Appeal allowed and remitted to fresh tribunal; cross-appeal dismissed.
- cases
30/06/2010 16:35
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Bond v Urmet Domus Communication & Security UK Ltd UKEAT/0103/10/JOJ
Appeal against finding that employers had complied with statutory dismissal procedure in a redundancy on the grounds that they had not informed the employee how the selection criteria had been applied to him personally. Appeal allowed and remitted to tribunal.
- cases
30/06/2010 16:16
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Riniker v City and Islington College Corporation UKEAT/0495/08/CEA
Appeal against judgment striking out a claim because the claimant had failed to comply with an ‘unless order’. The claimant also sought leave to amend her Notice of Appeal to add an appeal against a judgment dismissing her application for a review of the original judgment. Both appeals were dismissed.
- cases
29/06/2010 09:55
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Brown v G4 Security (Cheltenham) UKEAT/0526/09/RN
This case concerned the failure of the respondent to comply with regulation 22(6) of the Information and Consultation of Employees Regulations 2004 (the ‘ICE’ regulations). The EAT found that the employer had not arranged for the holding of a ballot of its employees to elect the relevant number of information and consultation representatives and imposed a penalty of £20,000 on the respondent.
- cases
28/06/2010 18:22