cases
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The Commissioner of Police of the Metropolis v Osinaike UKEAT/0373/09/SM
Appeal against ruling that the claimant had been discriminated against by reason of race.The EAT found that the Tribunal had erred in law in holding that it could conclude that the act of harassment was on the grounds of race so that the onus of proof that there was no racially motivated reason passed to the Respondents. Appeal succeeded and the claim of racial harrassment was dismissed.
- cases
15/03/2010 09:21
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Manning & Anor v Middleton Miniature Holdings UKEAT/0439/09/DM; UKEAT/0441/09/DM
The employer claimant had won a claim against 2 employees for breaching their duty of fidelity towards to employer, and both claimants were ordered to pay a sum by way of damages for breach of contract. The remedy was appealed, the employees claiming that the ET had failed to consider a witness statement from a witness who could not be present at the hearing. Appeal dismissed. The EAT found that the witness statement had been considered but it was within their discretion to attach no weight to it.
- cases
11/03/2010 17:27
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Bebbington v Palmer T/A Sturry News UKEAT/0371/09/DM
Appeal against decision by ET that a young worker was not an employee so claims of unfair dismissal and breach of contract should be dismissed. Appeal dismissed.
- cases
11/03/2010 16:44
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Secretary of State for Work & Pensions v Wilson UKEAT/0289/09/DA
Appeal against decision by ET that the employer had failed to make reasonable adjustments and thus discriminated against the claimant by reason of her disability. Appeal succeeded and the EAT substituted its decision for that of the ET and dismissed the claim.
- cases
11/03/2010 16:42
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Snows Motor Group v Palmerino UKEAT/0175/09/DM
Appeal by employer against an unfair dismissal conclusion where the burden of proof on the employer was not only in terms of a genuine belief as to the reason for dismissal but also extended to proving the reasonableness of the sanction of dismissal. Appeal allowed and remitted back to Tribunal for a complete re-hearing.
- cases
11/03/2010 16:31
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Brewin & Co v Marvin UKEAT/0074/09/JOJ
The respondent employer was appealing against the decision of the ET and in particular whether the ET's criticism of the dismissal process employed by the employer was well founded or whether it amounted to the ET substituting its own view for that of the employer. Appeal dismissed.
- cases
11/03/2010 16:12
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Leon v Trans Global Freight Management Limited UKEAT/0200/09/RN
Appeal against the decision of the ET to strike out a claim for unfair dismissal because of the claimant's failure to actively pursue the claim. The claimant had been in prison, thus had not received the correspondence from the Tribunal. Appeal succeeded and remitted to the Tribunal to consider the strike out afresh.
- cases
11/03/2010 16:03
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Law Society v Secretary of State for Justice & Anor [2010] EWHC 352 (QB)
Judgment arising from claim by Law Society seeking clarification of whether TUPE applies to the creation of the Office for Legal Complaints and the transfer of workers to that body from the Law Society. Claim dismissed.
- cases
08/03/2010 12:29
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EDF Energy v National Union of Rail Maritime and Transport Workers [2010] EWCA Civ 173
Application by Union for permission to appeal an injunction preventing a strike ballot where the employee categorisation for the ballot notice was found to be defective. Application refused.
- cases
08/03/2010 12:00
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Dunn & Anor v AAH Limited [2010] EWCA Civ 183
Appeal by former director concerning dismissal for gross misconduct after their failure to notify a parent company of potential fraud in contravention of the groups risk management policies.
- cases
07/03/2010 18:57