cases
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HM Land Registry v Grant UKEAT/0232/09
Appeal against findings of sexual discrimination and harassment involving where there were numerous allegations, some proved and others rejected, and the tribunal had not preferred wholesale the evidence of either party. Appeal allowed and remitted to a fresh tribunal.
- cases
18/04/2010 13:15
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Rev Allan J MacDonald v Free Presbyterian Church of Scotland UKEAT/0034/09
- cases
18/04/2010 13:14
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Lynch & Ors v East Dunbartonshire Council UKEAT/0347/09
- cases
18/04/2010 13:12
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Goodman & Ors v Members of the Executive Committee of Shropshire Unison & Ors UKEAT/0004/10, 0005/10 & 0006/10
Appeal against decision by the ET that there was no relationship between the whistleblowing claims sought to be put and the grievances which had been brought previously, therefore there was no jurisdiction for the court to hear the claims. The EAT disagreed with the ET and said that a claimant who has lodged a grievance about unreasonable conduct on the part of his employer is not necessarily obliged to lodge further grievances about each subsequent instance of such behaviour. Appeal allowed.
- cases
18/04/2010 13:11
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Royal Bank of Scotland PLC v McClelland UKEAT/0096/10
Appeal against decision of the ET that a sex discrimination should proceed to a full hearing, the respondent contending that the claim was out of time. The claimant argued that what happened during the grievance procedure was a continuance of the discriminatory treatment of which she was complaining. The Tribunal concluded that the claim for sex discrimination should proceed to a hearing before a full Tribunal which would hear the evidence and would decide whether the way the grievance procedure was conducted was part of a continuing act. If it was not, then the Tribunal would have to decide whether it would be just and equitable to assume jurisdiction. If it did, it would consider the substance of the case. The EAT upheld this ruling saying that the Employment Judge cannot be said to have approached the question in an erroneous way in law, nor was his conclusion either perverse or evidence of a misdirection of law.
- cases
18/04/2010 13:10
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Yusuf Dogan v London Borough of Greenwich UKEAT 0525 09
Appeal against decision that the claimant had been fairly dismissed. Following an investigation the claimant was dismissed, an internal appeal arranged 6 months after the dismissal. The claimant refused to attend the appeal hearing, saying that the unreasonable delay already rendered his dismissal automatically unfair. Whilst the ET ruled that the delay was unreasonable the statutory dispute procedure had been completed, albeit without the claimant being present at the hearing. The EAT upheld the ET's decision.
- cases
18/04/2010 13:09
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Ridge v Land Registry UKEAT/0382/09/ ZT
Appeal against decision by the ETdismissing claims that the respondent had not made reasonable adjustments in a disability case, and that the ET had failed to deal with the claimant's comparators in respect of discretionary payments. First ground failed; second ground on comparators succeeded and remitted back to the same Tribunal.
- cases
18/04/2010 13:08
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Ward v Ashkenazi UKEAT/0416/09/JOJ & UKEAT/0417/09/JOJ
Appeal by employee against the compensation award made after a finding of unfair dismissal. Appeal succeeded in part.
- cases
18/04/2010 13:07
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Southern v Wadacre Ltd T/A Wadacre Farm Day Nursery UKEAT/0380/09/JOJ
Appeal against Employment Tribunal's ruling that the claimant was not constructively unfairly dismissed. The EAT upheld the appeal saying that the ET had 1) failed to determine the question whether the Respondents were in fundamental breach of contract, and 2) stated the conclusion that the Claimant “accepted the breach” without any reasoning.
- cases
18/04/2010 13:05
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Langston v Department for Business Enterprise & Regulatory Reform UKEAT/0534/09/ZT
Appeal against 100% reduction in basic and compensatory awards after claim of unfair dismissal was upheld. Appeal allowed and matter was remitted to a different Tribunal.
- cases
18/04/2010 13:04
