jurisdiction
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Southern Cross Healthcare Co Ltd v Perkins & Ors [2010] EWCA Civ 1442
Appeal against decision where the EAT had confirmed the decision of the employment tribunal when they had construed contractual terms in written statements of particulars. Appeal allowed.
- cases
31/12/2010 16:27
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Kuncharalingam v Word by Word Translations Ltd UKEAT/0269/10/SM
Appeal against decision at PHR that the Tribunal did not have jurisdiction, primarily on the ground that there was no element of personal service, because the claimant could send a substitute to translate, and so no employment relationship. Appeal dismissed.
- cases
12/12/2010 12:33
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Dixon v Viollet & Anor UKEAT/0342/10/RN
Appeal against an order made against the respondent in respect of unpaid wages. The claimant thought she was employed by T.HQ, of which the respondent was a director. Her claim for unpaid wages succeeded and the order was made against T.HQ and the respondent. However, T.HQ was actually owned by another company which was now in liquidation, so the correct respondent in the original claim should have been that company. The appeal succeeded and the order was amended so that it was enforcable against the company that was in liquidation.
- cases
08/10/2010 10:44
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Hussain v Acorn Independent College Ltd UKEAT/0199/10/SM
Appeal against Tribunal’s ruling that it did not have jurisdiction to hear the claimant’s claim of unfair dismissal because he did not have the requisite 1 year period of service. Appeal allowed.
- cases
30/09/2010 14:53
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Ravat v Halliburton Manufacturing & Services Limited [2010] CSIH 52
Appeal against decision of EAT that the ET did not have jurisdiction to hear claims of unfair dismissal in circumstances where the claimant worked overseas, mainly in Libya. Appeal allowed by a majority.
- cases
30/06/2010 18:01
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Nazir & Anor v Asim & Anor UKEAT/0332/09/RN
Appeal against findings of sexual and racial harassment and discrimination. The claims were brought against 2 members of a board, which was an unincorporated organisation: the Tribunal ruled that it had jurisdiction to hear the claims against the 2 board members in their capacity as representatives of the UA and not as individual perpetrators. 4 of the claims succeeded. The jurisdiction appeal was dismissed. The EATconfirmed that the board members were liable as 'employer' and not through vicarious or secondary liability. Claims of racial and sexual harassment and discrimination were remitted to a fresh Tribunal.
- cases
30/06/2010 17:28
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Chunilal v Merrill Lynch [2010] EWHC 1467 (Comm)
Application by defendant to set aside an order for leave to serve proceedings upon the defendant outside the jurisdiction where the claimant was suing for breach of his employment contract because of non-payment of a discretionary bonus. The order was set aside.
- cases
28/06/2010 09:39
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Neary v Service Children's Education & Ors UKEAT/0101/10/DA
Appeal against decision by Tribunal that the claimant’s claim of disability and age discrimination could not be heard because the claimant was not ‘ordinarily resident in Great Britain’, for the purposes of section 68(2A)(c) of the Disability Discrimination Act and Regulation 10(2)(c) of the Employment Equality (Age) Regulations 2006.
- cases
18/06/2010 10:13
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British Airways PLC v Mak & Ors [2010] EWCA Civ 596
Renewed application for permission to appeal. Application granted partly because "there is or may be something wrong with the assumption by a domestic employment tribunal of jurisdiction over a claim for racial and age discrimination by claimants such as those in this case whose connection with the jurisdiction can be said to be tenuous"
- cases
14/06/2010 11:41
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Carter v The Blackstone Group International Ltd UKEATPA 0966/09/DM
Appeal against finding that an unfair dismissal claim was out of time where the claimant submitted that it was not reasonably practical for her to do so in time because of a medical condition. Appeal dismissed.
- cases
28/04/2010 11:05