constructive dismissal
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Munchkins Restaurant & Anor v Karmazyn & Ors UKEAT/0359/09/LA; UKEAT/0481/09/LA
Appeal against decision of the Tribunal who ruled that the respondent had sexually harassed the claimants, leading to their constructive unfaoir dismissals. Appeal on most grounds failed, although appeals in relation to compensation awarded for wages during the notice period and for aggravated damages succeeded.
- cases
01/06/2010 14:24
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Varma v North Cheshire Hospital NHS Trust [2010] EWCA Civ 529
Renewed application for permission to appeal arising from constructive unfair dismissal. Application refused.
- cases
18/05/2010 16:40
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Drs Burton, McEvoy & Webb (A Partnership) formerly Drs Burton, McEvoy & McEvoy v Curry UKEAT/0174/09/SM; UKEAT/0302/09/SM
Appeal against the decision by Employment Tribunal that the claimant was unfairly constructively dismissed. Further appeal against the compensation awarded to the claimant. First ground of appeal dismissed; second ground allowed in part.
- cases
12/05/2010 11:57
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Sheffield Black Drugs Service v Nagi UKEAT 0233/09/LA
Appeal by employer against findings of unfair dismissal and racial discrimination where the claimant had resigned over the internal handling of allegations made against and by the claimant. Appeals dismissed.
- cases
28/04/2010 10:48
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Akintola v Capita Symonds Ltd [2010] EWCA Civ 405
Appeal against decision by EAT to uphold ET decision that the claimant had been constructively dismissed and that he had made a protected disclosure. Appeal dismissed.
- cases
23/04/2010 12:50
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Southern v Wadacre Ltd T/A Wadacre Farm Day Nursery UKEAT/0380/09/JOJ
Appeal against Employment Tribunal's ruling that the claimant was not constructively unfairly dismissed. The EAT upheld the appeal saying that the ET had 1) failed to determine the question whether the Respondents were in fundamental breach of contract, and 2) stated the conclusion that the Claimant “accepted the breach” without any reasoning.
- cases
18/04/2010 13:05
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Buckland v Bournemouth University Higher Education Corporation [2010] EWCA Civ 121
Appeal, and cross-appeal, against EAT decision that an internal report vindicating the claimant's position had cured a breach of contract and that there was no constructive dismissal. Appeal allowed and cross appeal dismissed.
- cases
26/02/2010 17:32
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Noushouri v HBOS Plc UKEAT/0334/09/SM
Appeal against decision by ET which dismissed, amongst other things, a claim of unfair dismissal on the grounds that it was out of time, and there were no grounds for extending time under the statutory scheme. Cross appeal by respondent against conclusion that, had the claim been received in time, the claimant would have been found to have been unfairly dismissed. Appeal succeeded, cross appeal failed.
- cases
04/02/2010 18:02
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Devon & Somerset Fire & Rescue Service v Tilke UKEAT 0303/09/RN
Appeal against finding of, among other things, unfair constructive dismissal. Appeal allowed in part as ET had erred in applying wrong test and also failed to explain how the last straw doctrine applied to the facts.
- cases
26/01/2010 09:03
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Akintola v Capita Symonds Ltd [2009] EWCA Civ 1425
Rrenewed application for permission to appeal on grounds of unfair constructive dismissal and protected disclosure. Application allowed in part.
- cases
13/01/2010 11:01
