grievance
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Ladiende & Ors v Royal Mail Group Ltd UKEAT/0197/15/DA
Appeal against the dismissal of the Claimants' claims of race discrimination. Appeal allowed in part.
- cases
19/07/2016 11:22
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Lamb v The Business Academy Bexley UKEAT/0226/15/JOJ
Appeal against the dismissal of the Claimant's claim that the Respondent had not made reasonable adjustments for her disability. Appeal allowed and the matter was remitted to a fresh Tribunal.
- cases
17/05/2016 14:40
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Parmar v East Leicester Medical Practice UKEAT/0022/10/RN
Appeal against barring of claim under the RRA for post-termination victimisation concerning whether grievance procedures applied. Appeal dismissed.
- cases
02/12/2010 09:50
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Bloxwich Fencing Ltd v Banks UKEAT/0469/09/DM
Appeal against a judgment of the ET that the claimant had been unfairly constructively dismissed and had not failed to mitigate his losses. The respondent claimed that the grievance was raised in without prejudice discussions and thus did not comply with the now repealed Section 32 of the Employment Act 2002. However, this point had been conceded in the ET when the case of Arnold Clark Automobiles v Stewart had been brought to the attention of the respondent. The EAT ruled that the ET therefore had not erred in deciding that the grievance satisfied the statutory grievance procedures. Alleged failure by the claimant to mitigate his losses was also rejected by the EAT. Appeal dismissed.
- cases
30/09/2010 15:04
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Serco Home Affairs Ltd v Watson UKEAT/0348/10/ZT
Appeal by the employer against a ruling at an ET case management discussion that the claimant’s claims of race discrimination could be heard. Appeal succeeded and the claim was struck out.
- cases
10/09/2010 11:44
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Reddy v Bedford & Luton Partnership NHS Trust UKEAT/0023/10/ZT
Appeal against decision that the tribunal did not have jurisdiction after they found that the transmission of the written grievance founding the claim, which had been forwarded to the respondent, did not comply with the dispute resolution regulations. Appeal allowed.
- cases
22/06/2010 11:57
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Adegbuji v Meteor Parking Ltd UKEATPA/1570/09/LA
Appeal against decision to dismiss claims of racial discrimination, amongst others, because the claimant had failed to lodge a written grievance with the respondent, and therefore the court had no jurisdiction by reason of s32 of the Employment Act 2002 to hear the claim. Appeal dismissed.
- cases
10/06/2010 17:57
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Royal Bank of Scotland PLC v McClelland UKEAT/0096/10
Appeal against decision of the ET that a sex discrimination should proceed to a full hearing, the respondent contending that the claim was out of time. The claimant argued that what happened during the grievance procedure was a continuance of the discriminatory treatment of which she was complaining. The Tribunal concluded that the claim for sex discrimination should proceed to a hearing before a full Tribunal which would hear the evidence and would decide whether the way the grievance procedure was conducted was part of a continuing act. If it was not, then the Tribunal would have to decide whether it would be just and equitable to assume jurisdiction. If it did, it would consider the substance of the case. The EAT upheld this ruling saying that the Employment Judge cannot be said to have approached the question in an erroneous way in law, nor was his conclusion either perverse or evidence of a misdirection of law.
- cases
18/04/2010 13:10
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Brett & Ors v Hampshire County Council UKEAT/0500/08/JOJ
Appeal against decisions that the ET did not have jurisdiction to hear claims under the Equal Pay Act 1970 as the claimants had not complied with the appropriate statutory grievance procedure for the purpose of section 32 (2) of the Employment Act 2002 (since repealed as from 6 April 2009). In relation to 3 decisions, the appeal succeeded. The 4th decision was upheld.
- cases
15/03/2010 18:08
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Drewett v Penfold UKEAT/0395/09/ZT
Appeal against decision to limit the uplift on compensatory award to 20%, and the basic award to 2 weeks. Appeal allowed; uplift increased to 50% and basic award increased to 4 weeks.
- cases
30/01/2010 08:06
