cases
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Wilson Devonald v Suckling UKEAT/0131/10/DM
Appeal against decision that the claimant was unfairly dismissed as the sanction of dismissal fell outside the band of reasonable responses. Appeal allowed: the ET had wrongly substituted its views for those of the employer. The EAT found that the claimant was fairly dismissed.
- cases
26/08/2010 08:46
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Tao Herbs & Acupuncture Ltd v Jin UKEATPA/1477/09/RN
Appeal against compensation award following a ruling that the claimant had been unfairly dismissed. The EAT agreed with the ET that the employer's ability to pay was not a relevant consideration under s123 of the ERA. Appeal dismissed.
- cases
26/08/2010 08:39
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Oso & Anor v Newham University Hospital NHS Trust UKEAT/0099/10/DM
Appeal against decision of ET rejecting unfair dismissal and race discrimination claims in circumstances where the claimants had been the only two dismissed out of ten nurses suspended during investigations into allegations of abuse. The appeals were dismissed; the race claims partly because the ET was entitled to focus on actual comparators rather than consider hypothetical ones.
- cases
26/08/2010 08:29
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Canadian Imperial Bank of Commerce v Beck UKEAT/0141/10/RN
Appeal against ruling that the claimant had been discriminated against by reason of age. Cross appeal concerning the inclusion of discretionary bonus payments when calculating a protective award. Both appeal and cross appeal dismissed.
- cases
25/08/2010 09:53
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Parfums Givenchy v Tabaquin Finch UKEAT/0517/09/RN
Appeal and cross appeal in a judgment concerning unfair dismissal and written particulars of employment. The EAT found the ET had made 2 mistakes of fact which made the judgment perverse and so could not be unarguably right. The matter was remitted to a different Tribunal. The EAT also struck out the award under s38 of the Employment Act 2002 as the claimant did not qualify under that section.
- cases
24/08/2010 10:03
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Arhin v Enfield Primary Care Trust [2010] EWCA Civ 982
Application to appeal refusal by the EAT to allow the appellant to appeal their decision in relation to compensation and re-engagement/reinstatement in an unfair dismissal case. Application allowed.
- cases
23/08/2010 11:02
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West Hertfordshire Hospitals NHS Trust v Evans UKEAT/0398/09/SM
Appeal by respondent against 1) a ruling that the claimant had been automatically unfairly dismissed; 2) application of a 30% uplift to the compensation awarded; and 3) an award for loss of earnings until retirement. Appeal allowed in part: uplift reduced to 10%, and compensatory award to be decided before a differently constituted Tribunal. Automatic unfair dismissal upheld.
- cases
20/08/2010 09:52
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Christie v Johnston Carmichael UKEATS/0064/09/BI
Appeal against the decision of the ET that the claimant was not unfairly constructively dismissed. Cross appeal by respondent against an order that they pay a sum for unpaid remuneration, and no entitlement to claim back course fees from the claimant. Appeal dismissed, cross appeal relating to course fees allowed, matter relating to unpaid remuneration remitted to Tribunal.
- cases
20/08/2010 09:49
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Thomson v London Borough of Haringey UKEAT/0318/09/LA
Appeal against decision by the ET that the claimant had not been unfairly dismissed as Step 1 of the now repealed statutory disciplinary procedures had been complied with. The EAT agreed with the ET that, although the email, arranging a Step 2 meeting, was not sufficient alone to comply with Step 1, when it was read in conjunction with previous communication, the claimant was well aware that she was at risk of redundancy. Appeal dismissed.
- cases
20/08/2010 09:47
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Gloucestershire Constabulary v Peters & Peters UKEAT/0322/10/ZT
Appeal by respondent against a refusal by the Employment Judge to allow an indefinite stay on employment proceedings relating to disability discrimination whilst a criminal investigation was still ongoing. Appeal allowed.
- cases
19/08/2010 08:25
