cases
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Secretary of State for Work & Pensions v Whyment McCarthy UKEAT/0419/09/JOJ
Appeal against decision that the claimant was discriminated against by reason of his sexual orientation. It was claimed that the ET erred in law when they considered that the burden of proof shifted to the employer to establish a non-discriminatory reason for the treatment complained of. The EAT dismissed the appeal saying that, whilst they may not have come to the same decision as the majority of the Employment Tribunal, they were not satisfied that the decision of the Tribunal was perverse.
- cases
25/03/2010 15:47
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Cleveland Police Authority v Francis UKEAT/0262/09/SM
Appeal against a ruling that the claimant was unfairly and constructively dismissed. The respondent claimed that the ET's findings were perverse when taken together. The EAT looked at the overall picture as well as the original findings and decided that there was no error of law on the part of the ET. Appeal dismissed.
- cases
25/03/2010 15:33
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Wood v Mitchell SA Ltd UKEAT/0018/10/CEA
Appeal by the claimant against the level of compensation awarded after the ET had upheld his complaint that he had been unfairly dismissed. The case was remitted back to the Tribunal.
- cases
24/03/2010 16:38
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Dhillon v Baker T/A Sanofi Aventis Pharma [2010] EWCA Civ 276
Application for permission to appeal dismissal of race discrimination and victimisation claims by ET. Application refused.
- cases
24/03/2010 15:32
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St Christopher's Fellowship v Walters-Ennis [2010] EWCA Civ 252
Renewed application for permission to appeal by charity that they had discriminated against the claimant on racial grounds. Application granted.
- cases
24/03/2010 15:28
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Connor v Surrey County Council [2010] EWCA Civ 286
Appeal by local authority against decision that it had breached its duty of care of looking after the welfare of its staff resulting in psychiatric damage to a headteacher. Appeal dismissed.
- cases
24/03/2010 14:58
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South London Healthcare NHS Trust v Al-Rubeyi UKEAT/0269/09/SM
Appeal against a ruling that upheld the claimant’s claims of victimisation following a protected disclosure act. Appeal allowed.
- cases
24/03/2010 14:42
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M&L Sheet Metals Ltd v Willis UKEAT/0474/09/RN
Appeal against ruling that upheld the claimant's claim of constructive unfair dismissal and harassment on the grounds of his sexual orientation. Appeal dismissed and an application for the claimant's costs to be paid by the respondent was also dismissed.
- cases
24/03/2010 14:17
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A v B UKEAT/0206/09/SM
This was a supplementary judgment requesting further submissions from both parties as to whether the original judgment should remain anonymised. The EAT decided that the effect of Article 8 of the ECHR was that the Tribunal should, in the exercise of its powers to regulate its procedure under s. 30 (3) of the Employment Tribunals Act 1996 Act, confirm the steps already taken to protect the claimant’s identity.
- cases
24/03/2010 13:50
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The North West London Hospitals NHS Trust v Bowater UKEAT/0144/09/LA
Appeal against a majority decision that the claimant had been unfairly dismissed. On the question of whether or not a remark made by the claimant amounted to gross misconduct the EAT decided that the ET had wrongly substituted its opinion of what would have been reasonable. The appeal succeeded and the decision was substituted for that of the minority ET judgment.
- cases
24/03/2010 13:22
