cases
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Darnton v Bournemouth University UKEAT/0391/09/RN
Appeal by applicant, who had made a request under the Information and Consultation of Employees Regulations 2004, that a penalty be awarded against the employer for breaching these regulations. The President, having examined the reasons put forward by the employer, concluded they were not reasonable excuses. He set a penalty of £10,000 which, whilst at the lower end of the available scale, was not negligible due to the seriousness of the breach.
- cases
24/03/2010 13:03
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Williamson v The Chief Constable of the Greater Manchester Police & Anor UKEAT/0346/09/DM
Appeal against a decision at a pre-hearing review not to allow a covert recording of a meeting between the respondents to form part of the claimant's evidence. Appeal dismissed.
- cases
24/03/2010 12:52
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Mehta v The Mayor & Burgess of the London Borough of Hackney UKEAT/0182/08/RN
Appeal against decision that time should not be extended for claims of unfair dismissal, sex and race discrimination. The EAT ruled that the ET had not erred in law in refusing to extend time, since they had not been shown any material factor which was before the Tribunal and which it failed to take properly into account. Costs of £900 were also awarded against the claimant. Appeal dismissed.
- cases
24/03/2010 12:36
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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
