cases
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Clarke v Zurich UK General Services Ltd UKEAT/0184/10/DA
Appeal against a costs order made against the claimant who lost her claim of unfair dismissal. The claimant had been dismissed for her part in imprisoning a private investigator. The EAT ruled that the Employment Tribunal was entitled on the evidence before it to conclude that the claimant had participated in the unlawful detention of the private investigator, although there was evidence before the Employment Tribunal that supported the claimant’s case. The weighing up of conflicting evidence was a matter solely for the Employment Tribunal and complaints as to its findings did not (in the absence of perversity) raise any point of law. Appeal dismissed.
- cases
10/09/2010 11:45
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Serco Home Affairs Ltd v Watson UKEAT/0348/10/ZT
Appeal by the employer against a ruling at an ET case management discussion that the claimant’s claims of race discrimination could be heard. Appeal succeeded and the claim was struck out.
- cases
10/09/2010 11:44
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McCormack v Hamilton Academical Football Club [2010] CSOH 124
The claimant was seeking damages as a consequence of being wrongly dismissed. The court ruled that, although the cumulative effect of minor misdemeanours may amount to gross misconduct and thus destroy the trust and confidence in the employee, the employer is also under a duty to tell the employee if their actions are causing them to lose trust and confidence. In this case, the employer did not keep the claimant fully informed about his behaviour and thus his conduct did not justify summary dismissal. The claim of wrongful dismissal was upheld, the quantum award to be considered at a later date.
- cases
09/09/2010 15:56
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Shoesmith v Ofsted & Ors (Supplementary Judgment)
Judgment concerning costs and permission to appeal arising from judicial review proceedings where a Director of Children's Services was dismissed following intervention from the Secretary of State. Permission to appeal the judge's decisions with regards to the Secretary of State and the local authority was granted.
- cases
05/09/2010 16:00
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Simpson v Endsleigh Insurance Services Ltd & Ors UKEAT/0544/09/DA
Appeal against finding that the claimant’s redundancy during maternity leave was not automatic unfair dismissal. Appeal dismissed.
- cases
31/08/2010 14:38
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Anwar v Tower Hamlets College UKEAT/0091/10/RN
Appeal against the decision of the ET that the claimant was not disabled within the meaning of the Disability Discrimination Act 1995. Appeal succeeded in part and remitted to a different Tribunal for determination.
- cases
27/08/2010 11:29
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JP Morgan Europe Ltd v Chweidan UKEAT/0286/09/JOJ
Appeal against finding that the claimant had suffered direct discrimination in relation to his dismissal and payment of a bonus but where claims for disability-related discrimination were dismissed. The matter was remitted to the ET to determine whether there were additional grounds for finding there had been direct discrimination.
- cases
27/08/2010 10:43
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Zinda v The Governing Body of Barn Hill Community High & Ors UKEATPA/1146/09/LA
Appeal against refusal by registrar to accept a fresh Notice of Appeal which had been lodged out of time. Although the EAT found that the registrar had erred by saying that the claimant should have proved it was impossible to lodge the appeal in time, her decision not to allow it was correct since the claimant could not show exceptional reasons for why it was late. Appeal dismissed.
- cases
27/08/2010 10:42
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Commissioner of Police of the Metropolis v Buchanan UKEAT/0518/09/SM
Appeal by the respondent police force against a finding that the claimant police officer had been automatically unfairly dismissed. The EAT found that the ET had erred by ruling that the Step1 letter did not comply with the statutory disciplinary procedures, but decided that the dismissal was unfair because the police used the Convictions Board to deal with the dismissal despite the claimant not having been convicted of an offence. Appeal dismissed.
- cases
27/08/2010 10:30
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Prowse-Piper v Anglian Windows Ltd & Ors [2010] EWCA Civ 428
Appeal by the respondent employer that the claimant, whose complaints of sex discrimination and unfair dismissal had already been upheld, should not be given the opportunity to claim sex discrimination relating to the respondent’s failure to offer her alternative employment following a genuine redundancy situation. Appeal dismissed.
- cases
26/08/2010 10:50
