cases
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Enable Care & Home Support Ltd v Pearson UKEAT/0366/09/SM
Appeal against decision that the claimant was unfairly dismissed. The EAT overturned this ruling, saying that the ET had separated out the accusations and effectively watered them down, which led them to conclude that the behaviour of the claimant should have resulted in a warning rather than dismissal. The EATruled that the employer's actions did fall within the band of reasonable responses.
- cases
01/06/2010 14:50
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Munchkins Restaurant & Anor v Karmazyn & Ors UKEAT/0359/09/LA; UKEAT/0481/09/LA
Appeal against decision of the Tribunal who ruled that the respondent had sexually harassed the claimants, leading to their constructive unfaoir dismissals. Appeal on most grounds failed, although appeals in relation to compensation awarded for wages during the notice period and for aggravated damages succeeded.
- cases
01/06/2010 14:24
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Lancashire Care NHS Foundation Trust UKEAT/0254/09/CEA
Appeal by the respondent against a ruling that they discriminated against the claimant by failing to make reasonable adjustments. The EAT found that, although the respondent did not like the Tribunal's decision, there was no misdirection in law by the Tribunal, and the appeal was dismissed.
- cases
01/06/2010 13:54
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May v Greenwich Council UKEAT/0102/10/LA
Appeal against rejection of the claimant's ET1 form because the Tribunal ruled that it was illegible. Appeal succeeded: the EAT ruled that, although the claim form was difficult to read in places, the original claim form was readable without the use of a magnifying glass, and thus the Tribunal's decision was perverse.
- cases
01/06/2010 13:28
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Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2010] EWCA Civ 571
Appeal against decision that damages for breach of an employment contract would be limited only to the contractual notice period and the period when the appellant would have remained employment during a disciplinary process. Appeal allowed.
- cases
28/05/2010 14:05
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Woodward v Santander UK Plc (Formerly Abbey National Plc) UKEAT/0250/09/ZT
Appeal against decision by ET that the claimant had not been victimised or discriminated against. In particular, the Tribunal ruled that the claimant could not use evidence which formed part of ‘without prejudice’ negotiations, nor could she amend her claim form to introduce an actual comparator to help in her discrimination claim as none had been referred to in previous proceedings. Appeal dismissed.
- cases
26/05/2010 13:24
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Chief Constable of South Yorkshire Police v Jelic UKEAT/0491/09/CEA
Appeal against decision that the claimant had been the victim of unlawful disability discrimination by reason of the Chief Constable’s failure to comply with the duty to make reasonable adjustments to accommodate him. Appeal allowed in part on the basis of an inadequately reasoned decision on the issue of medical retirement. However, the Tribunal’s ruling that there had been disability discrimination stood.
- cases
25/05/2010 09:39
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Lawless v Print Plus UKEAT/0333/09/JOJ
Appeal against decision where the claimant received only a 10% uplift on his compensation. Appeal allowed and the uplifted was increased to 40%.
- cases
24/05/2010 12:54
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London Borough of Redbridge v Baynes UKEAT/0293/09/LA
Appeal by council against determinations in a pre-hearing review that the claimant was disabled and that time limits for her claim should be extended. The appeal was allowed and the claim dismissed.
- cases
24/05/2010 12:40
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City of Edinburgh Council v Wilkinson & Ors UKEATS/0002/09/BI
Appeal by local authority in Equal Pay Act proceedings where the ET had found that the claimants were employed on equal term as their comparators. The appeal was dismissed and in a further cross-appeal it was held that the claimants and the comparators had been employed at the same establishment.
- cases
24/05/2010 12:08