contributory fault
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Ekwelem v Excel Passenger Service Ltd UKEAT/0291/15/DA
Appeal challenging a judgment of the Employment Tribunal following remission as failing to address the unlawful deduction claim and dealing with a Polkey argument in error rather than an argument based on contributory conduct. Appeal dismissed.
- cases
26/04/2016 11:29
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Metroline West Ltd v Ajaj UKEAT/0185/15/RN
Respondent’s appeal against a finding that it unfairly and wrongfully dismissed the Claimant; and Claimant’s cross-appeal against a finding of contributory fault. Respondent’s appeal allowed and findings of unfair and wrongful dismissal set aside. Claimant’s cross-appeal dismissed.
- cases
11/02/2016 22:04
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Carter v Aulds Bakeries Ltd UKEATS/0018/15/SM
Appeal against a 100% deduction in the claimant's compensation award and against a refusal to order his reinstatement. Appeal allowed and remitted to the same Tribunal to reassess the remedy.
- cases
24/12/2015 10:16
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Secretary of State for Justice v Lown UKEAT/0082/15/BA
Appeal against a finding that the claimant had been unfairly dismissed and against the lack of reduction in the award for contributory fault. Appeal allowed in respect of the liability judgment and remitted to a fresh Tribunal for a re-hearing.
- cases
30/09/2015 11:59
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Charles v Tesco Stores Ltd UKEAT/0074/15/MC
Appeal against a 50% contributory fault deduction made to the claimant's award after his successful claim of unfair dismissal. Appeal dismissed.
- cases
08/09/2015 13:50
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Soh v Imperial College of Science, Technology & Medicine UKEAT/0350/14/DM
Appeal against the dismissal of the claimant's claims that she was subjected to detriment and dismissed because of public interest disclosures. Respondent's appeal against a finding of unfair dismissal, a 20% reduction for contributory fault and in respect of a claim for expenses. Appeal and cross-appeal allowed and remitted to a fresh Tribunal.
- cases
03/09/2015 11:55
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Conduct dismissals: back to basics - Case Round-Up August 2015
In this month's round-up, Mark Shulman consultant solicitor with Keystone Law, looks at recent cases which review the basic principles applicable in dismissals for misconduct.
- resources
06/08/2015 16:48
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Arriva London South Ltd v Graves UKEAT/0067/15/DA
Appeal against a finding of automatically unfair "trade union" dismissal without deduction for contributory conduct. Appeal allowed in part.
- cases
03/07/2015 17:41
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Peakquote Ltd & Anor v Levy UKEAT/0179/14/MC
Appeal against a finding that the claimant had been constructively and unfairly dismissed. Cross-appeal against a 30% contributory fault deduction from the award. Appeal and cross-appeal allowed.
- cases
08/06/2015 13:03
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Howard & Partner Ltd v Colebrook & Anor UKEAT/0416/14/DM
Appeal against a finding that there was no breach of duty on the part of the two claimants, who were directors of the respondent, because the claimants did not know that the rival business they were setting up would in fact be in meaningful competition with the employer. There was also a second ground of appeal complaining about the failure to make a Polkey deduction. First ground dismissed, second ground allowed.
- cases
29/04/2015 13:25