jurisdiction
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Mr XX v UKBA UKEAT/0546/11/DM
Appeal against a ruling that the ET did not have jurisdiction to hear the claimant’s complaints of disability discrimination. Appeal allowed and remitted to a fresh Tribunal for a full hearing of the whole of the claimant’s case.
- cases
02/08/2012 17:12
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Fox v British Airways Plc UKEAT/0033/12/RN
Appeal against a ruling that rejected a father’s argument that death in service benefits was a real loss of substance to his son, who had died within days of being dismissed. Appeal allowed and a decision substituted to the effect that the claimant’s loss, if unfair dismissal and/or discrimination was proved, was equivalent to 3 years’ pay.
- cases
02/08/2012 12:49
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Barlow v Stone UKEAT/0049/12/MAA
Appeal against a ruling that the ET did not have jurisdiction to consider a claim of victimisation brought by an employee against a fellow employee under Part II of the DDA. Appeal allowed and remitted to the same Tribunal for further case management and hearing.
- cases
28/07/2012 10:44
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King v Health Professions Council UKEAT/0169/11/CEA
Appeal against decision that the ET, on review, did not have jurisdiction to hear discrimination claims as the claimant had not actually made an application to the respondent. The appeal was dismissed even though the judge had erred in his reasoning.
- cases
16/07/2012 19:31
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Bates van Winkelhof v Clyde & Co & Anor UKEAT/0568/11/RN
Appeal against a ruling that the claimant was not a limb (b) worker under s230(3) of the ERA 1996. Cross appeals against the ruling that the claimant’s whistleblowing and sex discrimination claims were justiciable in the Tribunal and against a disclosure order made in favour of the claimant.
- cases
13/05/2012 22:13
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Quashie v Stringfellows Restaurants Ltd UKEAT/0289/11/RN
Appeal against a finding that the claimant, a lap dancer, was not an employee so could not bring a claim of unfair dismissal. Cross appeal alleging that if it was found there was an employment contract, it would be void for illegality in its performance. Appeal and cross appeal allowed.
- cases
27/04/2012 16:32
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Stevenson v Atos Origin IT Services Ltd UKEAT/0213/11/CEA
Appeal against an ET decision that it did not have jurisdiction to hear a complaint of race discrimination. Appeal dismissed.
- cases
06/04/2012 17:09
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Bon Groundwork Limited v Foster [2012] EWCA Civ 252
Appeal against decision in EAT to restore claims that had been struck out by the ET for reasons of res judicata and abuse of process. Appeal dismissed.
- cases
18/03/2012 11:41
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Case Round-Up: March 2012
In a new monthly piece, Mark Shulman, employment solicitor, picks out some of the key points from the previous month's cases, tackling employment status, jurisdiction and restrictive covenants.
- resources
09/03/2012 08:42
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Zarkasi v Anindita & Anor UKEAT/0400/11/JOJ
Appeal against a decision that the claimant, who was working in Britain illegally, could not obtain compensation in respect of a breach of rights dependent upon the contract. Appeal dismissed.
- cases
24/02/2012 14:22