cases
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Brett & Ors v Hampshire County Council UKEAT/0500/08/JOJ
Appeal against decisions that the ET did not have jurisdiction to hear claims under the Equal Pay Act 1970 as the claimants had not complied with the appropriate statutory grievance procedure for the purpose of section 32 (2) of the Employment Act 2002 (since repealed as from 6 April 2009). In relation to 3 decisions, the appeal succeeded. The 4th decision was upheld.
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15/03/2010 18:08
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Shanahan v Unite the Union UKEAT/0411/09/DM
Appeal against decision by ET that the employer was in breach of its duty under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRA”) by failing to consult with the appropriate trade union representatives when proposing to make more than 20 employees redundant. The employer also challenged the ET ruling that they should make a 90 day protected award to each of the employees who had been made redundant. Appeal in relation to breach of duty failed; appeal against the protected award succeeded and remitted back to the ET.
- cases
15/03/2010 15:05
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Opara v Partnerships in Care Ltd UKEAT/0368/09/LA
Appeal No. UKEAT/0368/09/LAEMPLOYMENT APPEAL TRIBUNAL58 VICTORIA EMBANKMENT, LONDON EC4Y 0DSAt the TribunalOn 15 February 2010BeforeHIS HONOUR JUDGE RICHARDSONMRS R CHAPMANMR A HARRIS**MR R OPARA (APPELLANT)PARTNERSHIPS IN CARE LTD (RESPONDENT)**Transcrip…
- cases
15/03/2010 09:41
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Arhin v Enfield Primary Care Trust UKEAT/0296/09/LA
Appeal against finding that claimant had been dismissed by reason of race. The EAT found that the Tribunal showed it had not clearly identified the requirements of the new post or the jobs actually being done by the Claimant and her comparator, without which the finding made (that the reason was not race, but mistake) appeared illogical. Appeal allowed with remission to a fresh tribunal.
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15/03/2010 09:40
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London Waste Ltd v Scrivens UKEAT/0317/09/ZT
Appeal against finding that the claimant had been unfairly dismissed. The EAT found that the Tribunal had failed to apply the range of reasonable responses test and remitted the case back to a different Tribunal for a re-hearing.
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15/03/2010 09:25
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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.
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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.
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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
