cases
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KLT Construction Ltd v Swain UKEAT/0527/09/JOJ
Appeal against decision by the ET refusing to set aside a judgment in default which had been made against the respondent because of late submission of the ET3. The EAT concluded that the EJ had not considered the respondent's prospects of success and so had made an error of law. Review judgment and judgment in default set aside, and response accepted out of time.
- cases
17/08/2010 11:59
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Hakim v Italia Conti Academy of Theatre and Arts [2010] EWCA Civ 970
Renewed application for permission to appeal a decision by the EAT that they did not have jurisdiction to hear a discrimination claim because the claimant was not an employee. The claimant had been a student on a non-vocational course and the Court of Appeal upheld the ruling by the EAT that the claim should remain in the County Court. Application refused.
- cases
17/08/2010 11:46
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Community Dental Centres Ltd v Sultan-Darmon UKEAT/0532/09/DA
Appeal against Tribunal’s decision that the claimant was a worker within the meaning of section 230(3) of the Employment Rights Act 1996, and thus could hear his claim of unlawful deduction of wages. Appeal allowed.
- cases
13/08/2010 12:09
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South Lanarkshire Council v Russell & Ors UKEATS/0067/09/BI
Appeal against an order requiring the respondent employer to provide additional information in respect of an equal pay claim. The order was held to be incompetent because, despite the hearing taking place before a full Tribunal, the Employment Judge made the order alone, contrary to rule 18(2). In the alternative, if the Employment Judge wanted to make a standalone order under rule 10, the lay members should not have heard the argument. Appeal allowed and case remitted to the Tribunal.
- cases
13/08/2010 11:28
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The Governing Body of St Andrews Catholic Primary School & Ors v Blundell UKEAT/0330/09/JOJ
Appeal against the level of compensation awarded and a statutory recommendation, arising from findings of unfair dismissal, sex discrimination and breach of contract. Case remitted to the same Employment Tribunal to re-calculate the compensatory award, and the statutory recommendation varied.
- cases
09/08/2010 14:51
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Brownbill & Ors v St Helens & Knowsley Hospital NHS Trust UKEAT/0074/10/CEA
Appeal against the Employment Tribunal’s dismissal of claims for equal pay. Appeal allowed.
- cases
09/08/2010 14:47
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Dorbcrest Homes Ltd v Fishwick UKEAT/0507/09/JOJ
Appeal against refusal that the Employment Judge recuse herself after a previous revocation of a finding of unfair dismissal on the basis that she did not have jurisdiction to hear the claim whilst sitting alone. Appeal allowed.
- cases
09/08/2010 14:46
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The Secretary of State for Work and Pensions (Jobcentre Plus) v Constable UKEAT/0156/10/JOJ
Appeal by respondent against the refusal of the Employment Judge to make an order requesting that the claimant produce further particulars relating to his whistle-blowing claim. Appeal allowed.
- cases
09/08/2010 14:45
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The Manchester College v Cocliff UKEAT/0035/10/CEA
Appeal against decision by the Employment Tribunal that the claimant, who had a fixed term contract, had been treated less favourably than a comparable permanent worker. The EAT found that the Tribunal had erred by failing properly to consider the reason for less favourable treatment: they erred in deciding that, because the less favourable terms had not been justified, the reason for such terms was that the claimant was a fixed-term worker.
- cases
09/08/2010 14:43
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Cancer Research UK v Harding UKEAT/0485/09/DA
Appeal against the Tribunal's finding that the claimant was unfairly dismissed. The EAT allowed the appeal on the bases that the ET had not given adequate reasons for its decision and had erred in law in holding that the burden of proof rested on the employer to show reasonable grounds for its belief in the Claimant’s misconduct based on a reasonable investigation.
- cases
05/08/2010 09:36
