cases
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Nolan v United States of America [2010] EWCA Civ 1223
Appeal against an EAT ruling, in agreement with the ET, which rejected the respondent’s argument that, as a foreign sovereign government it had no obligation, in advance of a decision to close a military base, to consult with the civilian workforce about the reasons for its closure. A second appeal related to the remittance to the same Tribunal for a re-hearing on the question of the claimant’s entitlement to bring the claim. The Court of Appeal referred the main point to the ECJ.
- cases
14/11/2010 17:11
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Woodcock v Cumbria Primary Care Trust UKEAT/0489/09/RN
Appeal against decision by the ET that the claimant’s dismissal was fair and the respondents had not discriminated against him by reason of his age. Appeal in respect of unfair dismissal succeeded, sex discrimination appeal failed.
- cases
14/11/2010 17:10
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Hooper v Sherborne School [2010] EWCA Civ 1266
Application for permission to appeal a ruling by the EAT, which upheld a decision by the ET that the appellant had not been dismissed by reason of doing a protected act. Application refused.
- cases
10/11/2010 17:41
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The Royal Bank of Scotland Group v Lindsay UKEAT/0506/09/DM
Appeal against a decision by the ET that the claimant was unfairly dismissed. Appeal allowed and remitted to a different Tribunal to determine the issue of whether the sanction of dismissal was within the band of reasonable responses.
- cases
09/11/2010 15:31
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Elegbede v Nexem Petroleum UK Ltd UKEAT/0298/10/SM
Appeal against finding that the claimant was not discriminated against by reason of a protected act. Appeal dismissed.
- cases
09/11/2010 15:30
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Crossland v Corps of Commissionaires Management Ltd UKEAT/0014/10/LA
Appeal against the Employment Tribunal’s decision that, on termination of employment, the claimant was entitled to accrued holiday pay based on normal hours as opposed to actual hours worked. Further appeal against a ruling that the claimant was not entitled to holiday pay for days which were booked as holiday but which he actually worked. Appeal succeeded: although the WTR state that holiday pay is based upon contractual hours, and not contractual hours plus overtime, the claimant’s contract stated that payment would be based upon average hours worked. Also, the WTR expressly prohibits payment in lieu of holiday, apart from in certain situations, so the claimant was entitled to be paid on the days which were booked as holiday but that he actually worked.
- cases
07/11/2010 15:15
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Henderson v London Borough of Hackney & Anor [2010] EWCA Civ 1189
Renewed application for permission to appeal against decision that the claimant had been dismissed lawfully and fairly. Application granted.
- cases
05/11/2010 18:11
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Newcastle Upon Tyne NHS Hospitals Trust v Armstrong & Ors [2010] EWCA Civ 1203
Renewed application for permission to appeal in Equal Pay claim. Application refused.
- cases
05/11/2010 18:09
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HM Land Registry v Grant [2010] EWCA Civ 1176
Renewed application for permission to appeal decision by EAT overturning the ET's finding that the claimant had been discriminated against on grounds of his sexual orientation. Application granted.
- cases
05/11/2010 17:57
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Khetab v Aga Medical Ltd & Ors UKEAT/0313/10/RN
Appeal against a decision by the ET at a PHR that the claimant's ET1 form did not contain an allegation of an act extending over a period within the meaning of the provisions of the RRA and 2003 Regulations, that the claimant’s application to amend the claim form to allege a continuing act be refused and that it was not just and equitable to extend time backwards. Appeal allowed to the extent that the continuing act question was referred for determination by the Employment Tribunal.
- cases
05/11/2010 15:44
