burden of proof
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Pricewaterhouse Coopers LLP v Popa (Debarred) UKEAT/0030/10/DA
Appeal against decision by the ET that the claimant had been victimised. Appeal succeeded; finding of victimisation set aside and remitted to the same Employment Tribunal to determine whether a detriment had been suffered.
- cases
14/10/2010 14:55
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Hammonds LLP & Ors v Mwitta UKEAT/0026/10/ZT
Appeal against decision that the claimant was discriminated against by reason of race, and that she had also been unfairly dismissed. Both appeals succeeded: the race discrimination claim was ordered to be re-heard before a different Tribunal, the unfair dismissal ruling was set aside.
- cases
05/10/2010 16:14
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St Christopher's Fellowship v Walters-Ennis [2010] EWCA Civ 921
Appeal by respondent employer against finding of race discrimination. Appeal allowed as the ET's decision had erred in law.
- cases
02/08/2010 11:26
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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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Bradford & Bingley Plc v McCarthy UKEAT/0458/09/ZT
Appeal against decision that the claimant was unfairly dismissed because the respondent acted unreasonably having regard to s 98(4) of the Employment Rights Act 1996. Appeal succeeded in part.
- cases
03/03/2010 10:17