cases
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Ramkissoon v Brompton Bicycles Ltd UKEAT/0324/09/DM
Appeal against decision that the claimant was not unfairly dismissed. The EAT decided that the ET had overlooked a part of the evidence which might or might not have been of crucial importance. The EAT also questioned the ET's decision that the investigation undertaken by the employer regarding the claimant's alleged fiddling of his timesheets was adequate. The matter was remitted to a different Tribunal for a re-hearing.
- cases
24/03/2010 12:24
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Annodata Ltd v Jones UKEAT/0378/09/JOJ
Appeal against finding that, having found the dismissal to be procedurally unfair, the claimant did not contribute to his own dismissal and thus neither the compensatory nor basic awards were reduced. The appeal succeeded. The EAT ruled that the matter be remitted to the same Tribunal to consider the questions of contributory fault and possible Polkey reduction.
- cases
24/03/2010 09:52
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Dean v Latona Luxury Ltd UKEAT/0377/09/SM
Appeal against ruling that the claimant's claim for unpaid wages was dismissed as there was no evidence of a contract between the new employer and the claimant. Appeal succeeded: a letter which the EJ had overlooked was clear evidence that the employer intended that the claimant would be employed on the previous employer's terms.
- cases
23/03/2010 18:17
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The Chief Constable of Wiltshire Constabulary v Masih UKEAT/0443/09/CEA
Appeal against ET finding that the claimant was victimised by the Police Authority after she had unsuccessfully applied for 2 posts within the Authority. The EAT remitted the case back to the Tribunal for a re-hearing because the Tribunal had not provided proper and sufficient reasons for its judgment and had failed to properly consider both the posts.
- cases
23/03/2010 18:02
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Derrick Cyffin Jones T/A The Barley Mow Public House v Beardmore UKEAT/0392/09/DM
Appeal against ruling that the claimant was qualified to claim for unfair dismissal as a TUPE transfer had taken place. The EAT rejected the ET's ruling on the basis that TUPE did not apply. The activities which the claimant conducted were not transferred; she was offered, and took up, a different job with a different employer. The claimant herself could not be regarded as an 'economic entity' as defined in the TUPE regulations, so therefore she failed to show that there was any continuity of employment and she lacked sufficient qualifying employment to enable her to bring her claim for unfair dismissal.
- cases
23/03/2010 10:38
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Fullerton v Interights International Centre For The Legal Protection Of Human Rights UKEAT/0251/09/RN
Appeal against decision that complaints of race discrimination, racial harassment and sex discrimination should be dismissed as the claimant had not complied with s 32(2). Appeal succeeded. Also, the EAT held that the ET had erred in law in holding that the claimant was time barred from proceeding with discrimination complaints and ruled that the merits Tribunal should decide time points entirely afresh. Cross appeals from the employer failed.
- cases
23/03/2010 10:29
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Milford Haven Port Authority v Unite the Union [2010] EWHC 501 (QB)
Application by employer for injunction to prevent industrial action by Unite on the grounds that the strike notices were flawed as they stated that the action would be both continuous and discontinuous. Application granted.
- cases
17/03/2010 14:19
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Patel (R, on the application of) v HMRC [2009] EWHC 3731 (Admin)
Renewed application for permission to appeal where the applicant was seeking a judicial review of a decision relating to his pay grade. Application dismissed.
- cases
17/03/2010 13:07
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Tasneem v Dudley Group of Hospitals NHS Trust UKEATPA/0496/09/CEA
Appeal against refusal to consider a Notice of Appeal which the Tribunal decided was 2 days out of time. Appeal succeeded and the claim was placed in the sift for consideration.
- cases
15/03/2010 21:59
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Brett & Ors v Hampshire County Council UKEAT/0500/08/JOJ
Appeal against decisions that the ET did not have jurisdiction to hear claims under the Equal Pay Act 1970 as the claimants had not complied with the appropriate statutory grievance procedure for the purpose of section 32 (2) of the Employment Act 2002 (since repealed as from 6 April 2009). In relation to 3 decisions, the appeal succeeded. The 4th decision was upheld.
- cases
15/03/2010 18:08