cases
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Derrick Cyffin Jones T/A The Barley Mow Public House v Beardmore UKEAT/0392/09/DM
Appeal against ruling that the claimant was qualified to claim for unfair dismissal as a TUPE transfer had taken place. The EAT rejected the ET's ruling on the basis that TUPE did not apply. The activities which the claimant conducted were not transferred; she was offered, and took up, a different job with a different employer. The claimant herself could not be regarded as an 'economic entity' as defined in the TUPE regulations, so therefore she failed to show that there was any continuity of employment and she lacked sufficient qualifying employment to enable her to bring her claim for unfair dismissal.
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23/03/2010 10:38
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Fullerton v Interights International Centre For The Legal Protection Of Human Rights UKEAT/0251/09/RN
Appeal against decision that complaints of race discrimination, racial harassment and sex discrimination should be dismissed as the claimant had not complied with s 32(2). Appeal succeeded. Also, the EAT held that the ET had erred in law in holding that the claimant was time barred from proceeding with discrimination complaints and ruled that the merits Tribunal should decide time points entirely afresh. Cross appeals from the employer failed.
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23/03/2010 10:29
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Milford Haven Port Authority v Unite the Union [2010] EWHC 501 (QB)
Application by employer for injunction to prevent industrial action by Unite on the grounds that the strike notices were flawed as they stated that the action would be both continuous and discontinuous. Application granted.
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17/03/2010 14:19
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Patel (R, on the application of) v HMRC [2009] EWHC 3731 (Admin)
Renewed application for permission to appeal where the applicant was seeking a judicial review of a decision relating to his pay grade. Application dismissed.
- cases
17/03/2010 13:07
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Tasneem v Dudley Group of Hospitals NHS Trust UKEATPA/0496/09/CEA
Appeal against refusal to consider a Notice of Appeal which the Tribunal decided was 2 days out of time. Appeal succeeded and the claim was placed in the sift for consideration.
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15/03/2010 21:59
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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.
- cases
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.
- cases
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.
- cases
15/03/2010 09:25
