constructive dismissal
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Munchkins Restaurants Ltd & Anor v Karmazyn & Ors [2010] EWCA Civ 1163
Application to appeal against findings by the ET, which were upheld by the EAT, that several waitresses had suffered discrimination, harassment and were unfairly constructively dismissed. It was submitted that the ET did not consider whether the claims were in time and their approach, when considering the individual claims, was too 'broad brush'. The respondent also questioned the issues of joint and several liability and whether it was rational to make the same award to each of the claimants. Application refused.
- cases
26/10/2010 09:54
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Chris Dickens T/A Chris Dickens Solicitors v Virdee UKEAT/0195/10/ZT
Appeal against finding of unfair constructive dismissal. Not only did the EAT agree with the ET that the respondent breached the implied term of trust, and the claimant resigned for that reason, they also awarded costs against the respondent because he did not attend the appeal hearing, and the claimant would not have instructed counsel if she had known.
- cases
05/10/2010 16:17
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Fayusi v Compass Contract Services (UK) Ltd UKEAT/0194/10/MW
Appeal against the Tribunal’s ruling that the claimant had not been unfairly constructively dismissed. Appeal succeeded.
- cases
24/09/2010 13:21
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Christie v Johnston Carmichael UKEATS/0064/09/BI
Appeal against the decision of the ET that the claimant was not unfairly constructively dismissed. Cross appeal by respondent against an order that they pay a sum for unpaid remuneration, and no entitlement to claim back course fees from the claimant. Appeal dismissed, cross appeal relating to course fees allowed, matter relating to unpaid remuneration remitted to Tribunal.
- cases
20/08/2010 09:49
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New Star Asset Management Holdings Ltd v Evershed [2010] EWCA Civ 870
Appeal by the respondent, in a claim alleging constructive unfair dismissal, against an order by the EAT judge overturning the Employment Judge’s decision not to allow an amendment of the claimant’s ET1. Appeal dismissed.
- cases
30/07/2010 10:39
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John-Charles v Weir and Thornton Grammar School [2010] EWCA Civ 872
Renewed application for permission to appeal a decision by the EAT upholding a ruling by the Employment Tribunal which dismissed claims of race discrimination and unfair dismissal.
- cases
30/07/2010 10:35
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Bedford v Pilgrims Group Plc UKEAT/0106/10/SM
Appeal against the Tribunal decision that the claimant was not constructively dismissed. The EAT agreed with the Tribunal by concluding that cumulatively the actions of the Respondent did not objectively undermine trust and confidence and dismissed the appeal.
- cases
21/07/2010 11:00
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Hussey v Photogenic Ltd UKEAT/0069/10/DA
Appeal against decision by Employment Tribunal that the claimant had not been dismissed but had in fact resigned in circumstances not amounting to constructive dismissal. Appeal dismissed.
- cases
19/07/2010 10:50
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Tullett Prebon PLC v BGC Brokers & Ors [2010] EWHC 484 (QB)
Judgment concerning liability in claims, and counter claims, arising from alleged inducement to breach contracts and other issues in circumstances where a team of brokers resigned and joined a competitor. The claimant succeeded in its claims of conspiracy and inducement against the defendant firm of brokers.
- cases
17/06/2010 17:05
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Mulugeta v Xerox (UK) Ltd [2010] EWCA Civ 646
Renewed application for permission to appeal a decision that the respondents had not fundamentally breached the employee's contract such that he had been constructivley dismissed. Application refused.
- cases
14/06/2010 09:38
