cases
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Aziz v FDA [2010] EWCA Civ 304
Appeal against decision of the EAT that the ET was correct to dismiss claims of race discrimination because the claims were out of time. Appeal dismissed.
- cases
07/04/2010 16:11
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Dandpat v University of Bath [2010] EWCA Civ 305
Application to appeal against decision of the EAT not to award interim relief to the claimant who was pursuing a claim for unfair dismissal resulting from protected disclosures. The claimant first argued that oral submissions should have been heard as well as written evidence read. He also argued that the court should revisit the definition of the word 'likely' as described in Taplin v Shippam Ltd and conclude that the test of likelihood of success should be lower in this case. Application refused.
- cases
07/04/2010 15:40
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Sarkar v West London Mental Health NHS Trust [2010] EWCA Civ 289
This is an appeal in relation to unfair dismissal. The hearing at the ET held that the claimant’s dismissal was unfair because it broke the bounds of reasonable responses. The EAT overturned this ruling and instead of remitting the matter to the same or different Tribunal, substituted their finding that the claimant was not unfairly dismissed. The appeal against this ruling was allowed, the judgment of the ET was restored and the matter was directed to proceed to a remedies hearing.
- cases
01/04/2010 17:59
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Botham v Ministry of Defence [2010] EWHC 646 (QB)
Judgment concerning liability in claim for breach of employment contract where the claimant had been dismissed for gross misconduct and where he had also claimed in the Employment Tribunal. Claim dismissed.
- cases
01/04/2010 16:23
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Samuel Smith Old Bewery (Tadcaster) Ltd v Marshall & Anor UKEAT/0488/09/ZT
Appeal against a finding by the ET that the claimants were unfairly dismissed: the employer had acted outside the range of reasonable responses in proceeding with a disciplinary hearing before holding a grievance appeal, where the grievance related to the subject matter of the disciplinary hearing. Appeal succeeded and the EAT substituted their decision, holding that the dismissals were fair.
- cases
31/03/2010 14:31
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Clifton v Lloyds TSB Bank Plc UKEAT/0347/09/RN
Appeal against strike out of claims of unfair dismissal, victimisation and protected disclosure. The strike out in relation to part of the unfair dismissal claim was revoked and ordered to proceed to a full hearing before the Employment Tribunal.
- cases
31/03/2010 13:25
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Taylor v XLN Telecom Ltd & Ors UKEAT/0385/09/ZT
Appeal against decision to award no compensation in relation to claims of injury to feelings, injury to health and ‘aggravated damages’. Appeal allowed and matter remitted to the Tribunal to decide the level of any award.
- cases
29/03/2010 14:32
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Thind v Salvesen Logistics Ltd UKEAT/0487/09/DA
Appeal against the refusal of the judge to review the striking out of a claim for disability discrimination, which occurred as a result of a failure to comply with an unless order. Appeal succeeded and the strike out revoked.
- cases
25/03/2010 16:15
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Secretary of State for Work & Pensions v Whyment McCarthy UKEAT/0419/09/JOJ
Appeal against decision that the claimant was discriminated against by reason of his sexual orientation. It was claimed that the ET erred in law when they considered that the burden of proof shifted to the employer to establish a non-discriminatory reason for the treatment complained of. The EAT dismissed the appeal saying that, whilst they may not have come to the same decision as the majority of the Employment Tribunal, they were not satisfied that the decision of the Tribunal was perverse.
- cases
25/03/2010 15:47
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Cleveland Police Authority v Francis UKEAT/0262/09/SM
Appeal against a ruling that the claimant was unfairly and constructively dismissed. The respondent claimed that the ET's findings were perverse when taken together. The EAT looked at the overall picture as well as the original findings and decided that there was no error of law on the part of the ET. Appeal dismissed.
- cases
25/03/2010 15:33
