cases
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Thompson v Home Office Resources Strategic Core [2010] EWCA Civ 610
Renewed application for permission to appeal decision to strike out claim for unreasonable conduct. Application refused.
- cases
14/06/2010 09:46
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Mulugeta v Xerox (UK) Ltd [2010] EWCA Civ 646
Renewed application for permission to appeal a decision that the respondents had not fundamentally breached the employee's contract such that he had been constructivley dismissed. Application refused.
- cases
14/06/2010 09:38
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Bashir & Bashir v Sheffield Teaching Hospital NHS Foundation Trust UKEAT/0448/09/ZT
Appeal against ruling that the claimants had been dismissed fairly, after raising several grievances claiming race discrimination. They complained that they had been unable to appeal a finding that they had acted in bad faith, and that this vitiated the fairness of the entire disciplinary process. The appeal was dismissed on the basis that no error of law had been identified in the Tribunal's reasoning, having regard to the facts found.
- cases
10/06/2010 18:10
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National Amusements (UK) Ltd T/A Showcase Cinemas v Thomson UKEAT/0433/09/DA
Appeal against ruling that the claimant had been unfairly dismissed. The EAT found that the ET had substituted its views for that of the employer. Had they asked themselves whether the actions of the employer were within the range of reasonable responses, they would have answered in the affirmative. Appeal succeeded and the finding of unfair dismissal was set aside.
- cases
10/06/2010 18:08
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Burmis v The Governing Body of Aylesford School & Ors UKEAT/0132/10/ZT
This appeal concerned the claim by the claimant, who had failed to obey the terms of unless orders, that procedural aspects of the process were flawed. Appeal dismissed.
- cases
10/06/2010 18:05
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Jones v The Collegiate Academy Trust UKEAT/0011/10/SM
Appeal against decision by the ET to reject the claimant's claim of constructive dismissal. The EAT concluded that the Employment Tribunal correctly directed itself to the breach of the implied term of trust and confidence and was entitled to conclude that the Claimant had not been constructively dismissed. Appeal dismissed.
- cases
10/06/2010 18:00
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Adegbuji v Meteor Parking Ltd UKEATPA/1570/09/LA
Appeal against decision to dismiss claims of racial discrimination, amongst others, because the claimant had failed to lodge a written grievance with the respondent, and therefore the court had no jurisdiction by reason of s32 of the Employment Act 2002 to hear the claim. Appeal dismissed.
- cases
10/06/2010 17:57
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Sheraz Khan v MKK Logistics UKEAT/0080/10/ZT
Appeal against amount of holiday pay awarded to claimant who had been found to have been unfairly dismissed. The holiday pay entitlement was calculated with reference to the current holiday year, although the claimant sought payment stretching back further. This was contrary to the decision in Stringer & Ors v HMRC [2009] UKHL 31, which the Judge did not know about at the time. Appeal succeeded and matter remitted back to the Tribunal.
- cases
10/06/2010 17:49
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O'Driscoll v Hertfordshire Personal Assistance Support Services UKEAT/0412/09/DA
Appeal against finding that the claimant had not been discriminated against, nor constructively dismissed, amongst other claims of unlawful deductions. Further, the claimant claimed that she had been ‘ambushed’ when she brought proceedings under rule 3(10), because the Tribunal found that the claimant’s contract was tainted by illegality, a point not raised by the respondent, and therefore could not entertain her claims.
- cases
10/06/2010 17:46
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Yorkshire Window Company v Parkes UKEAT/0484/09/SM
Appeal against a ruling that, although the claimant was not an employee and so could not bring a claim of unfair dismissal, he was a ‘worker’ within the meaning of Regulation 2 of the Working Time Regulations, and as such could bring a claim for holiday pay. Appeal dismissed.
- cases
02/06/2010 11:30
