polkey
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Salford Royal NHS Foundation Trust v Roldan [2010] EWCA Civ 522
Appeal by employee, on the grounds that the investigation carried out by the employer had been flawed, against decision by EAT that she had been fairly dismissed. Appeal allowed and ET decision reinstated.
- cases
14/05/2010 09:35
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Drs Burton, McEvoy & Webb (A Partnership) formerly Drs Burton, McEvoy & McEvoy v Curry UKEAT/0174/09/SM; UKEAT/0302/09/SM
Appeal against the decision by Employment Tribunal that the claimant was unfairly constructively dismissed. Further appeal against the compensation awarded to the claimant. First ground of appeal dismissed; second ground allowed in part.
- cases
12/05/2010 11:57
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Samuel Smith Old Bewery (Tadcaster) Ltd v Marshall & Anor UKEAT/0488/09/ZT
Appeal against a finding by the ET that the claimants were unfairly dismissed: the employer had acted outside the range of reasonable responses in proceeding with a disciplinary hearing before holding a grievance appeal, where the grievance related to the subject matter of the disciplinary hearing. Appeal succeeded and the EAT substituted their decision, holding that the dismissals were fair.
- cases
31/03/2010 14:31
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Annodata Ltd v Jones UKEAT/0378/09/JOJ
Appeal against finding that, having found the dismissal to be procedurally unfair, the claimant did not contribute to his own dismissal and thus neither the compensatory nor basic awards were reduced. The appeal succeeded. The EAT ruled that the matter be remitted to the same Tribunal to consider the questions of contributory fault and possible Polkey reduction.
- cases
24/03/2010 09:52