polkey
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
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
