cases
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Nationwide Building Society v Benn & Ors UKEAT/0273/09/JOJ
Appeals and cross-appeals arising from a decision in the ET that two sample claimants had been unfairly dismissed following a transfer of an undertaking. The EAT found that the ET had erred in relying on a breach of the employer's relevant consultation regulations as the basis for their decision.
- cases
28/07/2010 10:34
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Scottish Opera Ltd v Winning UKEATS/0047/09/BI
Appeal by employer against decision that the claimant should be allowed to amend his claim from a pleading of unfair dismissal to failure to make reasonable adjustments under the DDA 1995, in circumstances where the claimant had suffered a seizure that prevented him from carrying out his driving duties. The employer had argued that the claim was debarred as the claimant had not lodged a corresponding grievance but the EAT upheld the Tribunal decision that the grievance procedure did not apply.
- cases
28/07/2010 10:18
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Punch Pub Company Ltd (formerly Spirit Group Ltd) v O'Neill UKEAT/0287/09/SM
Appeal against decision of unfair dismissal and the level of compensation awarded to the claimant. Cross appeal by the claimant that the Tribunal should have established that the dismissal was automatically unfair. Appeal succeeded by a majority and a ruling that the dismissal was fair was substituted.
- cases
28/07/2010 10:06
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NSM Music Ltd v McArdle UKEAT/0516/09/RN
Appeal by respondent against a decision that the claimant was unfairly dismissed, and that the claimant should be awarded compensation for loss of earnings while he re-trained as a teacher. The claimant cross-appealed, claiming that his dismissal should have been found to be automatically unfair and that his compensation should have been uplifted. Cross appeal failed. Appeal allowed on the compensation issue only and remitted to the same Tribunal.
- cases
28/07/2010 09:33
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Butt v Bradford Metropolitan District Council UKEAT/0210/10/ZT
Appeal against decision of the Tribunal that allegations of race discrimination fell within the Modification Order, and therefore the allegations could not proceed against the respondent, the Local Authority. Cross appeal by the respondent against ruling that other allegations fell outside the Modification Order and so therefore could proceed. Appeal dismissed and cross appeal allowed.
- cases
27/07/2010 10:10
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Sibbit v Governing Body of St Cuthbert's Catholic Primary School UKEAT/0070/10/ZT
Appeal against level of award for loss of pension rights after a successful claim of unfair dismissal was upheld. The Tribunal adopted the simplified, rather than substantial, approach to the calculation. Appeal allowed: the EAT substituted the substantial method of calculating the pension loss.
- cases
22/07/2010 08:54
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The Commissioner of Police of the Metropolis & Anor v Nonyelu UKEAT/0010/10/DM
Appeal against a finding of direct race discrimination. On analysis the act relied on disclosed no difference in treatment nor detriment suffered by the claimant. Appeal allowed and finding set aside.
- cases
21/07/2010 11:02
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Bedford v Pilgrims Group Plc UKEAT/0106/10/SM
Appeal against the Tribunal decision that the claimant was not constructively dismissed. The EAT agreed with the Tribunal by concluding that cumulatively the actions of the Respondent did not objectively undermine trust and confidence and dismissed the appeal.
- cases
21/07/2010 11:00
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Wigginton v Cowie & Ors (T/A Baxter International (A Partnership)) UKEAT/0322/09/JOJ
Appeal against Tribunal's ruling that the claimant was not disabled within the meaning of s1 of the Disability Discrimination Act 1995. The claimant also claimed that he had not had a fair hearing. Appeal allowed on the disability issue and remitted to a fresh Tribunal.
- cases
19/07/2010 12:35
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Credit Agricole Corporate and Investment Bank (aka Calyon Ltd) v Wardle UKEAT/0535/09/SM
Appeals by both claimant and respondent against the amount of compensation awarded following a ruling that the claimant had been victimised and unfairly dismissed. Both appeals were allowed in part.
- cases
19/07/2010 12:29
