cases
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Tucker v Partnership in Care Limited [2010] EWCA Civ 1237
Application for permission to appeal a decision of the EAT which dismissed the claimant's claim that the EThad not considered a freestanding claim that the respondent had failed to make reasonable adjustments for the claimant's disability. Application refused.
- cases
05/11/2010 15:16
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Harper & Anor v Hopkins [2010] EWCA Civ 1246
Application for permission to appeal an order which refused an extension of time to appeal a judgment of the Employment Tribunal. The applicants in this case, who were the respondents to a claim of unfair dismissal, filed their ET3 out of time, and also their Notice of Appeal to the EAT, saying that illness had prevented them from complying with the time limit. The Court of Appeal agreed with the EAT, saying that the Notice of Appeal was out of time because the applicants, by their own admitted mistake, never intended to serve it in time and made no attempt to do so. Application refused.
- cases
05/11/2010 15:09
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Cheesebrough v Ministry of Justice [2010] EWCA Civ 1239
Application to appeal an EAT decision, agreeing with the ET, that the claimant had not been unfairly dismissed. The EAT had concluded that they were satisfied that there was a proper basis for the conclusion of the employment tribunal that the investigation in all the circumstances had been reasonable, that the employers were entitled to accept the evidence available, but there were certain features of the claimant's response which cast doubt on his credibility, and in those circumstances he would not have a realistic prospect of appealing successfully. The Court of Appeal agreed and refused the application.
- cases
05/11/2010 15:02
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Malone & Ors v British Airways PLC [2010] EWCA Civ 1225
Appeal against findings in the High Court that provisions concerning staffing levels, set in various staff agreements and manuals were not apt to be incorporated into individual contracts. Appeal dismissed.
- cases
05/11/2010 14:54
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Cartwright v King's College, London [2010] EWCA Civ 1146
Appeal against an EAT decision which upheld the Employment Tribunal’s ruling that the respondent had complied with Step 1 of the, now repealed, Statutory Disciplinary Procedures and thus the claimant had not been unfairly dismissed. Appeal succeeded, a finding of automatic unfair dismissal was substituted and the case was remitted to the Employment Tribunal for a remedy hearing.
- cases
29/10/2010 11:39
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Nunn v Royal Mail Group Ltd UKEAT/0530/09/DM
Appeal against ruling that the claimant was not dismissed by reason of making a protected disclosure. Appeal dismissed.
- cases
27/10/2010 14:12
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Lancaster University v The University & College Union UKEAT/0278/10/JOJ
Appeal against decision by the ET that the respondent employer had failed to comply with the requirements of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 when making redundancies, and that, if the appeal failed, the protective award should only be 30 days not 60. Cross appeal by the claimant that the protective award should be the maximum 90 days. Appeal and cross appeal dismissed.
- cases
27/10/2010 14:11
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Whitelock & Storr & Ors v Khan UKEAT/0017/10/RN
Appeal against decision by the ET that the claimant was unfairly dismissed by reason of having made protected disclosures. The EAT said that the question that the Tribunal should have asked in relation to misconduct alleged by the respondent was whether the respondent had a reasonable belief that whilst employed by them, the claimant had acted to their detriment in breach of his duty of trust and confidence to his employers. If they did have that belief, they then had to decide if that was the reason for dismissal. This question should have been answered before the Tribunal considered the allegation of protected disclosures. Findings in relation to protected disclosure dismissal and unfair dismissal set aside; automatic unfair dismissal finding and counterclaim regarding loss of income to the respondent remitted to a different Tribunal for a re-hearing.
- cases
26/10/2010 14:31
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Community Integrated Care v Peacock UKEATS/0015/10/BI
Appeal against decision by the ET that, even though the claimant's unfair dismissal claim was presented out of time, they could still hear her case as it was not reasonably practicable for her to have presented her claim in time due to her suffering from depression. The EAT found that the claimant's solicitor had failed to tell her about the 3 month limit. However, they ruled that this was not a case where the claimant’s health was so bad as to lead to the conclusion that even if she had been told about the time limit by her legal advisor she could not reasonably have been expected to be able to instruct the presentation of a claim. The factual findings all pointed to her having been in a position to do so if she had been told about it. Appeal succeeded and claim dismissed.
- cases
26/10/2010 14:13
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Faleye & Anor v UK Mission Enterprise Ltd & Ors UKEAT/0359/10/LA
Appeal against decision that 4 cases which were linked should be heard together at one Tribunal. The EAT decided that the Employment Judge was perfectly entitled to proceed on the straightforward basis that all four cases needed to be case-managed together; that the only question was whether that should be in London South or London Central; that there was no particular presumption in favour of one or the other, given that no prejudice arose to the parties; and that thus the single factor clearly favouring London Central, namely its expertise in state immunity matters, should prevail. Appeal dismissed.
- cases
26/10/2010 11:35
