cases
-
East Dunbartonshire Council v Trade Union Backed Claimants & Ors UKEATS/0005/10/BI
Appeal against decision of the ET to allow amendment of an equal pay claim (adding new comparators) which, if it had been a fresh claim instead, would have been time barred. The respondent also objected to the fact they had had no opportunity to resolve the claims involving the new comparators at the grievance stage, and the Tribunal erred by saying that any prejudice suffered could be met by reducing the compensatory award. Appeal allowed; the EAT agreed that the amended claim did not meet the statutory criteria for a reduction in compensation, they allowed the claimants to amend their claims and remit these claims to the same Employment Judge to consider the applications to amend.
- cases
05/10/2010 16:15
-
Semple Fraser LLP v Daly UKEATS/0045/09/BI
Appeal against decision by the ET that the claimant had been unfairly dismissed on the grounds of redundancy. The ET re-marked the scores of the 2 employees at risk of redundancy, found them to be equal and concluded that the claimant had therefore been unfairly dismissed. The EAT disagreed and said that it was not open to the ET to re-mark the scores. Further, if equal scores made dismissal unfair for the claimant, so it would for the other employee. Also, even if different scores could have been reached by another employer that does not show that the respondent acted unreasonably. Appeal allowed and a finding of fair dismissal was substituted.
- cases
05/10/2010 16:14
-
Hammonds LLP & Ors v Mwitta UKEAT/0026/10/ZT
Appeal against decision that the claimant was discriminated against by reason of race, and that she had also been unfairly dismissed. Both appeals succeeded: the race discrimination claim was ordered to be re-heard before a different Tribunal, the unfair dismissal ruling was set aside.
- cases
05/10/2010 16:14
-
D v Abercorn Care Ltd UKEATS/0044/09/BI
Appeal against ruling that the claimant was not unfairly dismissed. The claimant claimed that the respondent, by using a piece of evidence at the internal appeal without warning the claimant in advance, had not complied with the statutory dismissal procedures. The EAT agreed with the ET that there was nowhere in the statute that stipulated that any evidence which a party was intending to use at an appeal should be relayed to the other in advance. Even if there was, it was plain on the facts of the case that it was only at the appeal hearing that the respondent decided to refer to the evidence, being prompted into doing so by appeal and grievance letters that were produced by the claimant at that stage. Appeal dismissed.
- cases
05/10/2010 16:13
-
Anderson v Network Rail Infrastructure Ltd UKEATS/0056/09/BI
Appeal against refusal by the ET to allow an amendent of the claimant's ET1 which attempted to include a complaint contrary to an earlier statement that the claim was limited to one specified complaint only. Appeal dismissed.
- cases
05/10/2010 16:12
-
Newsquest (Herald & Times) Limited v Keeping UKEATS/0051/09/BI
Appeal by respondents against decision by Employment Judge to amend a claim to introduce a fresh equal pay claim in circumstances where there was no explanation for lateness but the judge had concluded that the time-bar was not in issue. The appeal was allowed partly because the judge had considered the wrong date. If she had considered the correct date she would have found that a time-bar arose and it would not have been open to her allow the amendment.
- cases
05/10/2010 16:11
-
Agnew & Ors v North Lanarkshire Council UKEATS/0029/09/BI
Appeal by employees in claims for unlawful deductions from wages against decision by the ET that a term in a collective agreement could be incorporated into individual contracts and so the respondents could implement a new pay regime. Appeal dismissed.
- cases
05/10/2010 16:10
-
Wood v Caledon Social Club Ltd (Debarred) & Anor UKEAT/0528/09/CEA
Appeal against a decision by the ET that there was no TUPE transfer in a claim of unfair dismissal because the temporary cessation of the economic entity, in this case a bar, prevented a relevant transfer. The EAT ruled that the economic entity had not ceased, it had merely been suspended until the bar re-opened, and thus there was a relevant transfer. Appeal allowed.
- cases
30/09/2010 15:05
-
Bloxwich Fencing Ltd v Banks UKEAT/0469/09/DM
Appeal against a judgment of the ET that the claimant had been unfairly constructively dismissed and had not failed to mitigate his losses. The respondent claimed that the grievance was raised in without prejudice discussions and thus did not comply with the now repealed Section 32 of the Employment Act 2002. However, this point had been conceded in the ET when the case of Arnold Clark Automobiles v Stewart had been brought to the attention of the respondent. The EAT ruled that the ET therefore had not erred in deciding that the grievance satisfied the statutory grievance procedures. Alleged failure by the claimant to mitigate his losses was also rejected by the EAT. Appeal dismissed.
- cases
30/09/2010 15:04
-
Royal Bank of Scotland v Chaer UKEAT/0429/09/DM
Appeal against ruling by the Tribunal that the claimant had been unfairly dismissed due to the respondent employer not carrying out a proper investigation. Appeal dismissed.
- cases
30/09/2010 15:03
