polkey
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Vision Security Group Ltd T/A VSG v Goodyear UKEAT/0307/10/JOJ
Appeal against rejection by the ET that there should be any reduction in compensation awarded to the claimant, who had been found to have been unfairly dismissed, on the basis of the Polkey principle. Appeal dismissed.
- cases
21/02/2011 11:17
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Greenwood v NWF Retail Ltd UKEAT/0409/09/JOJ
Appeal against a ruling that the claimant had been automatically unfairly dismissed but that otherwise his dismissal had been fair and compensation was limited to the basic award. Appeal allowed and remitted to a different Tribunal for a re-hearing.
- cases
21/02/2011 11:15
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Burgess v Bear Stearns International Ltd UKEAT/0216/10/LA
Cross-appeal by the respondent, challenging the reasons given by the ET which appeared to determine one of the remedy issues relating to its unfair dismissal ruling. Appeal by the claimant against the rejection of his age discrimination claim. Cross-appeal allowed, appeal dismissed.
- cases
11/02/2011 11:18
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Network Rail Infrastructure Ltd v Marks UKEAT/0287/10/ZT
Appeal against a ruling that the claimant had been unfairly dismissed because the dismissal was outside the range of reasonable responses. Cross appeal against a decision that the claimant was not automatically unfairly dismissed. Appeal allowed and remitted to a fresh Tribunal for determination; cross appeal dismissed.
- cases
27/01/2011 17:21
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Jurys Inn Group v Tatarova UKEAT/0295/10/JOJ
Appeal against decision that the claimant was automatically unfairly dismissed. Appeal allowed and remitted to the ET for a further hearing on a possible Polkey reduction.
- cases
31/12/2010 17:53
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Arhin v Enfield Primary Care Trust [2010] EWCA Civ 1481
Appeal against decision by the ET, which was upheld by the EAT, that although the claimant had been unfairly dismissed after failing to get a post following a reorganisation, she was not granted any compensatory award because she would have had a zero chance of getting the reorganised post in a competitive selection process. Appeal dismissed.
- cases
31/12/2010 15:52
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Davidson-Hogg v Davis Gregory Solicitors UKEAT/0512/09/ZT
Appeal against a decision by the Employment Tribunal awarding the claimant compensation for economic loss resulting from her successful claim for unfair dismissal, but only up to the date on which she would have been fairly dismissed or resigned. Appeal allowed in part.
- cases
17/12/2010 15:24
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Pinewood Repro Ltd T/A County Print v Page UKEAT/0028/10/SM
Appeal against ET decision that the claimant had been unfairly dismissed in relation to redundancy. The appeal focussed on the Tribunal’s findings that the respondent had failed to conduct adequate or effective consultation with the claimant by reason of their failure to provide him with an adequate explanation of why he had received lower scores than the two other people in the pool for redundancy, and also the Tribunal’s decision not to make a Polkey deduction. The EAT found that the conclusion the ET came to was simply that the matters relied on by the assessors to mark down the claimant were patently challengeable. On the Polkey issue they agreed with the Tribunal’s analysis there was a reasonable chance that he would not have been dismissed. Appeal dismissed.
- cases
14/10/2010 15:34
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Punch Pub Company Ltd (formerly Spirit Group Ltd) v O'Neill UKEAT/0287/09/SM
Appeal against decision of unfair dismissal and the level of compensation awarded to the claimant. Cross appeal by the claimant that the Tribunal should have established that the dismissal was automatically unfair. Appeal succeeded by a majority and a ruling that the dismissal was fair was substituted.
- cases
28/07/2010 10:06
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Lawless v Print Plus UKEAT/0333/09/JOJ
Appeal against decision where the claimant received only a 10% uplift on his compensation. Appeal allowed and the uplifted was increased to 40%.
- cases
24/05/2010 12:54
