contributory fault
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Elston v Robbie’s Photographic Ltd and another UKEAT/0282/18/RN
Appeal by the Claimant against the ET’s judgment (1) upholding the Claimant’s claim of wrongful and unfair dismissal, but reducing her damages in respect of the unfair dismissal claim by 80%, and (2) rejecting the Claimant’s claim of unlawful victimisation. Appeal allowed.
- cases
19/07/2019 15:17
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Grange (Whitefield) Care Services Ltd v Joseph UKEAT/0045/18/BA
Appeal against the ET’s decision reducing the Claimant’s basic award by 15% to reflect contributory fault. Appeal dismissed.
- cases
11/04/2019 11:40
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Dee v Suffolk County Council UKEAT/0180/18/BA & UKEAT/0181/18/BA
Appeal against the ET’s decisions that (1) a compensatory award in respect of the Claimant’s unfair dismissal should be reduced by 50% to take account of a Polkey reduction, and that the contributory fault reduction should be applied to the balance, resulting in an overall 75% reduction; and (2) no uplift should be applied for breaches of the ACAS Code. Appeal and cross-appeal allowed.
- cases
27/03/2019 19:34
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Camden and Islington NHS Foundation Trust v Uddin UKEAT/0151/18/BA
Appeal against the ET’s finding of unfair dismissal and wrongful dismissal, with the unfair dismissal finding subject to 50% contribution. Appeal allowed.
- cases
12/03/2019 15:28
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Aquatronic Group Management Ltd v Mace UKEAT/0192/17/JOJ
Appeal against the ET’s finding of unfair dismissal and the ET’s judgment on remedy, in particular contributory fault. Appeal dismissed.
- cases
21/01/2019 17:31
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Mansfield v Taran Microsystems Ltd UKEAT/0307/17/OO
Appeal against alleged failure by the ET to apply the statutory test for the award of compensation; and contention that the ET had made a perverse finding of fact. Appeal allowed in part and remitted, by agreement, to same ET.
- cases
01/01/2019 16:19
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Singh v Glass Express Midlands Limited UKEAT/0071/18/DM
Appeal against nil basic and compensatory awards by the ET which held that, although the Claimant’s dismissal was procedurally unfair, a fair process would have made no difference, any award should be reduced by reason of the Claimant’s conduct, and the Claimant had not mitigated his loss. Appeal allowed in part and remitted to same ET.
- cases
19/12/2018 16:19
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Talon Engineering Ltd v Smith UKEAT/0236/17/BA
Appeal against a finding that the Claimant had been unfairly dismissed. Appeal dismissed.
- cases
09/08/2018 11:23
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Walker Smith v Perrys Motor Sales Ltd; Perrys Motor Sales Ltd v Walker Smith UKEAT/0251/17/JOJ; UKEAT/0252/17/JOJ
Claimant's appeal against the reduction of his award for contributory conduct. Respondent's appeal against a finding that the Respondent had not provided the Claimant with a statement of particulars and against a finding that the Claimant had resigned in the heat of the moment and was thereby entitled to withdraw his resignation subsequently. Both appeals were allowed.
- cases
03/07/2018 17:03
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Feltham Management Ltd v Feltham & Ors UKEAT/0201/16/RN
Appeal against findings which determined the EDT (which in turn meant the claims were in time), that no Polkey or contributory fault adjustments should be made to the award and against a finding of sex discrimination. The appeal was allowed in respect of the sex discrimination claim.
- cases
22/12/2017 11:16