cases
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Fayusi v Compass Contract Services (UK) Ltd UKEAT/0194/10/MW
Appeal against the Tribunal’s ruling that the claimant had not been unfairly constructively dismissed. Appeal succeeded.
- cases
24/09/2010 13:21
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Brandeaux Advisers (UK) Ltd v Chadwick [2010] EWHC 2370 (QB)
Application for summary judgment and strike out of elements of the defence arising from the dismissal of the defendant employee who had emailed confidential documents to her personal email address and allegations of repudiation of the employment contract by both parties. The judge refused the applications.
- cases
24/09/2010 13:19
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Njoku v Lewisham Hospital NHS Trust [2010] EWCA Civ 1017
Application for permission to appeal a decision that the claimant had been fairly dismissed in an unfair dismissal and race discrimination case. Application refused.
- cases
17/09/2010 10:59
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Thaine v London School of Economics UKEAT/0144/10/SM
Appeal against the discounted level of compensation awarded to the claimant following her successful claim of sex discrimination. Appeal dismissed.
- cases
17/09/2010 10:57
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Celebi v Scolarest Compass Group UK & Ireland Ltd UKEAT/0032/10/LA
Appeal against a decision by the Tribunal that the claimant was fairly dismissed. The EAT found that the real reason for dismissal was not that which was contained within the Step 1 letter and thus did not comply with the Statutory Disciplinary Procedures, making the dismissal automatically unfair. Appeal succeeded.
- cases
16/09/2010 16:10
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Watkins v Jeanette Crouch T/A Temple Bird Solicitors UKEAT/0145/10/ZT
Appeal against a finding by the Tribunal that the claimant was not unfairly dismissed following a redundancy exercise. The EAT found that the Tribunal had not addressed in its decision in any meaningful way the case which was advanced on the claimants’ behalf and thus the ruling could not stand. Appeal succeeded and matter remitted to a different Tribunal for a rehearing.
- cases
16/09/2010 16:09
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Shackletons Garden Centre Ltd v Lowe UKEAT/0161/10/JOJ
Appeal against ruling that the claimant had been indirectly discriminated against because the employer applied a Provision, Criterion or Practice (“PCP”) whereby its employees had to work weekends which put women to a particular disadvantage. The EAT found that there were insufficient findings of fact to enable them to come to that conclusion; in particular they could not identify what constituted the disadvantage imposed on the claimant and whether or not the detriment suffered by the claimant was self inflicted. Appeal succeeded and remitted to a different Tribunal.
- cases
14/09/2010 15:26
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Secretary of State for Work & Pensions v Wakefield UKEAT/0435/09/JOJ
Appeal by employer against a decision by the ET that, whilst the claimant had not been discriminated against by reason of disability, the employer had failed to make reasonable adjustments. The EAT found that no proper identification of the substantial disadvantage had been made and therefore the ET could not make a proper assessment of what steps it would be reasonable for the employer to take. Appeal succeeded and remitted to the same Tribunal for re-consideration.
- cases
14/09/2010 15:25
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Kelly v University of Southampton UKEAT/0139/10/LA
Appeal by claimant against a ruling by the ET that her compensation for unfair and wrongful dismissal should be limited because she failed to mitigate her loss. The claimant was dismissed following the expiration of her work visa, and once this was sorted out, she failed to re-apply for her old job or other jobs at the University for which she was suitable and which the ET found she would probably have been offered. Appeal dismissed.
- cases
14/09/2010 15:24
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Birch & Ors v Walsall Metropolitan Borough Council & Ors UKEAT/0121/10/JOJ
Appeal against decision by the ET that a group of claimants bringing an equal pay claim had not complied with Step 1 of the Statutory Grievance Procedure, so the ET was unable to hear their complaint. Cross appeal against a ruling that a second group of claimants had complied with the SGP. Appeal succeeded and cross appeal dismissed.
- cases
10/09/2010 14:19