detriment
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Michalak v The General Medical Council & Ors [2016] EWCA Civ 172
The question to be determined in this case was whether the ET has jurisdiction to hear a complaint against a qualifications body under section 120 EA 2010, or whether the ET's jurisdiction is ousted by section 120(7) EA 2010 because of the availability of judicial review. There are two related matters which can be summarised as follows: first, what was Parliament's intention in enacting section 120(7) EA 2010 (and comparable clauses in the precursor legislation) and second, does the opportunity to commence judicial review proceedings against a qualifications body constitute 'proceedings in the nature of an appeal' for the purposes of section 120(7)?
- cases
01/04/2016 11:23
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Greenslade v Next Distribution Ltd UKEAT/0156/15/DA
Although the Tribunal had found for her in parts of her disability discrimination claims, the Claimant appealed against the Tribunal’s failure to address and determine other parts of those claims. Appeal allowed and remitted to the same Tribunal for reconsideration.
- cases
22/03/2016 14:46
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Bone v North Essex Partnership NHS Foundation Trust [2016] EWCA Civ 45
Claimant’s appeal against the EAT’s decision to allow the Respondent’s earlier appeal against a Tribunal’s decision to uphold the Claimant’s claims of detriment on grounds related to trade union activities. The Court of Appeal allowed the Claimant’s appeal, set aside the EAT decision and restored the judgment of the Tribunal.
- cases
08/02/2016 22:17
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University of Bolton v Corrigan UKEAT/0408/14/RN
Appeal against a finding that the claimant was subjected to a detriment (the withdrawal of a team leader post) of penalising her for taking part in trade union activities and that her dismissal was automatically unfair within the meaning of TULR(C)A section 152 because she had taken part in trade union activities. The first ground of appeal was dismissed, the second ground allowed.
- cases
22/12/2015 09:56
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Cordant Security Ltd v Singh & Anor UKEAT/0144/15/LA
Appeal against the making of a declaration after the respondent was found to have discriminated against the claimant even though the claimant's allegation of race discrimination was false. Appeal allowed and the declaration was set aside.
- cases
28/10/2015 13:34
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Shinwari v Vue Entertainment Ltd UKEAT/0394/14/BA
Appeal against the rejection of the claimant's claims for automatic unfair dismissal and detriment on grounds of making a protected disclosure. Appeal dismissed.
- cases
11/05/2015 11:54
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Cummins v Ministry of Defence UKEAT/0240/14/DA
Appeal against the dismissal of the claimant’s complaints of unfair dismissal and that she suffered detriments on the grounds that she had made protected interest disclosures, and an appeal against a finding that the respondent had breached its duty to make reasonable adjustments. Both appeals allowed.
- cases
11/05/2015 10:55
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Edwards & Anor v Encirc Ltd UKEAT/0367/14/DM
Appeal against the dismissal of the claimants’ claims in respect of the WTR while carrying out union activities. Appeal allowed.
- cases
01/05/2015 10:13
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Birring v Rogers & Moore T/A Charity Link UKEAT/0388/14/RN
Appeal against the dismissal of the claimant's claims of unfair dismissal and detriment for trade union activity on the basis that the EJ had heard both claims sitting alone. Appeal allowed and remitted to a fresh Tribunal consisting of 3 members.
- cases
22/04/2015 10:45
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Gale & Ors v Mid & West Wales Fire Service UKEAT/0365/14/JOJ
Appeal against the dismissal of the claimants' claims of unlawful detriment. Appeals dismissed.
- cases
12/04/2015 20:25
