cases
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Burmis v The Governing Body of Aylesford School & Ors UKEAT/0132/10/ZT
This appeal concerned the claim by the claimant, who had failed to obey the terms of unless orders, that procedural aspects of the process were flawed. Appeal dismissed.
- cases
10/06/2010 18:05
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Jones v The Collegiate Academy Trust UKEAT/0011/10/SM
Appeal against decision by the ET to reject the claimant's claim of constructive dismissal. The EAT concluded that the Employment Tribunal correctly directed itself to the breach of the implied term of trust and confidence and was entitled to conclude that the Claimant had not been constructively dismissed. Appeal dismissed.
- cases
10/06/2010 18:00
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Adegbuji v Meteor Parking Ltd UKEATPA/1570/09/LA
Appeal against decision to dismiss claims of racial discrimination, amongst others, because the claimant had failed to lodge a written grievance with the respondent, and therefore the court had no jurisdiction by reason of s32 of the Employment Act 2002 to hear the claim. Appeal dismissed.
- cases
10/06/2010 17:57
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Sheraz Khan v MKK Logistics UKEAT/0080/10/ZT
Appeal against amount of holiday pay awarded to claimant who had been found to have been unfairly dismissed. The holiday pay entitlement was calculated with reference to the current holiday year, although the claimant sought payment stretching back further. This was contrary to the decision in Stringer & Ors v HMRC [2009] UKHL 31, which the Judge did not know about at the time. Appeal succeeded and matter remitted back to the Tribunal.
- cases
10/06/2010 17:49
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O'Driscoll v Hertfordshire Personal Assistance Support Services UKEAT/0412/09/DA
Appeal against finding that the claimant had not been discriminated against, nor constructively dismissed, amongst other claims of unlawful deductions. Further, the claimant claimed that she had been ‘ambushed’ when she brought proceedings under rule 3(10), because the Tribunal found that the claimant’s contract was tainted by illegality, a point not raised by the respondent, and therefore could not entertain her claims.
- cases
10/06/2010 17:46
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Yorkshire Window Company v Parkes UKEAT/0484/09/SM
Appeal against a ruling that, although the claimant was not an employee and so could not bring a claim of unfair dismissal, he was a ‘worker’ within the meaning of Regulation 2 of the Working Time Regulations, and as such could bring a claim for holiday pay. Appeal dismissed.
- cases
02/06/2010 11:30
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Graham's Garden Machinery Ltd v Warne UKEAT/0155/10/DM
Appeal against the Tribunal’s decision not to revoke or review a ruling refusing to extend time to file the respondent’s ET3. Appeal succeeded and the matter remitted back to the Tribunal to decide on the question of whether to extend time. The claimant’s application for costs, on the basis that the appeal would not have been necessary had the respondent produced the correct evidence before the Tribunal, was refused.
- cases
01/06/2010 16:51
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Enable Care & Home Support Ltd v Pearson UKEAT/0366/09/SM
Appeal against decision that the claimant was unfairly dismissed. The EAT overturned this ruling, saying that the ET had separated out the accusations and effectively watered them down, which led them to conclude that the behaviour of the claimant should have resulted in a warning rather than dismissal. The EATruled that the employer's actions did fall within the band of reasonable responses.
- cases
01/06/2010 14:50
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Munchkins Restaurant & Anor v Karmazyn & Ors UKEAT/0359/09/LA; UKEAT/0481/09/LA
Appeal against decision of the Tribunal who ruled that the respondent had sexually harassed the claimants, leading to their constructive unfaoir dismissals. Appeal on most grounds failed, although appeals in relation to compensation awarded for wages during the notice period and for aggravated damages succeeded.
- cases
01/06/2010 14:24
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Lancashire Care NHS Foundation Trust UKEAT/0254/09/CEA
Appeal by the respondent against a ruling that they discriminated against the claimant by failing to make reasonable adjustments. The EAT found that, although the respondent did not like the Tribunal's decision, there was no misdirection in law by the Tribunal, and the appeal was dismissed.
- cases
01/06/2010 13:54
