jurisdiction
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To proceed or not to proceed? - Case Round-Up: October 2017
In this month's round-up, Mark Shulman, consultant solicitor with Keystone Law, looks at recent cases on whether an ET should allow claims to proceed.
- resources
16/10/2017 13:12
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de Mota v ADR Network & Anor UKEAT/0305/16/DA
Appeal against the rejection of the Claimant's claims because of a failure to comply with the EC procedure. Appeal allowed.
- cases
14/09/2017 15:18
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Luton Borough Council v Haque UKEATPA/0260/17/JOJ
Appeal against a finding that the Claimant's claim was in time. The matter was remitted for a full hearing because of the need for clarity on time limits.
- cases
25/08/2017 13:37
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Nica v Xian Jiaotong Liverpool University UKEAT/0041/17/JOJ
Appeal against the dismissal of the Claimant's claims because of lack of jurisdiction. Appeal dismissed.
- cases
25/08/2017 10:04
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Vining v London Borough of Wandsworth [2017] EWCA Civ 1092
Appeal against two EAT decisions that 1) ruled that members of local authority parks police forces could not bring claims of unfair dismissal and 2) their trade union could not bring claims for a protective award. The first decision was upheld but the trade union decision was remitted to the ET.
- cases
31/07/2017 10:31
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Giny v SNA Transport Ltd UKEAT/0317/16/RN
Appeal against the rejection of the Claimant's claim because the name of the Respondent on the EC form was different to that on the ET1. Appeal dismissed.
- cases
17/07/2017 14:18
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Seahorse Maritime Ltd v Nautilus International (A Trade Union) UKEAT/0281/16/LA
Appeal against a ruling that the separate ships on which the employees worked were not separate establishments for the purposes of TULR(C)A and against a ruling that the ET had jurisdiction to consider a claim that there had been a failure to consult about redundancies pursuant to section 188 of TULR(C)A. Appeal dismissed.
- cases
13/07/2017 14:41
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MJ Quinn Integrated Services Ltd v Jones UKEAT/0301/16/JOJ
Appeal against a decision that the Claimant was an employee as defined by section 230 of the Employment Rights Act 1996, with sufficient qualifying service to enable him to complain of unfair dismissal, unlawful deductions from wages and breach of contract. Appeal allowed and remitted to the same Tribunal.
- cases
09/06/2017 11:13
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Green v SIG Trading Ltd UKEAT/0282/16/DA
Appeal against a decision that the Claimant could not bring his claims to the ET because the Claimant was an expatriate employee who had stronger connections to Saudi Arabia and the Middle East than to Great Britain and British employment law, and thus it did not have jurisdiction to hear the Claimant’s claims. Appeal allowed in part.
- cases
25/05/2017 15:03
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Badara v Pulse Healthcare Ltd UKEAT/0303/16/RN
Appeal against a decision that the Claimant was not an employee and consequently did not have the status to make an unlawful deduction from wages claim and against a refusal to permit an amendment to the ET1 form to make a claim in respect of unpaid holiday pay. Appeal allowed and remitted to a different Tribunal.
- cases
23/05/2017 13:51