polkey
-
Dee v Suffolk County Council UKEAT/0180/18/BA & UKEAT/0181/18/BA
Appeal against the ET’s decisions that (1) a compensatory award in respect of the Claimant’s unfair dismissal should be reduced by 50% to take account of a Polkey reduction, and that the contributory fault reduction should be applied to the balance, resulting in an overall 75% reduction; and (2) no uplift should be applied for breaches of the ACAS Code. Appeal and cross-appeal allowed.
- cases
27/03/2019 19:34
-
Gibson v London Borough of Hounslow and another UKEAT/0033/18/BA & UKEAT/0129/18
Appeal against the ET’s rejection of the Claimant’s claims of whistleblowing detriment and dismissal, and limiting her compensatory award for unfair dismissal to 6 weeks following dismissal. Appeal dismissed on nearly all issues; findings, on 2 detriments that were relied on, were remitted to the same ET.
- cases
13/01/2019 18:33
-
Mansfield v Taran Microsystems Ltd UKEAT/0307/17/OO
Appeal against alleged failure by the ET to apply the statutory test for the award of compensation; and contention that the ET had made a perverse finding of fact. Appeal allowed in part and remitted, by agreement, to same ET.
- cases
01/01/2019 16:19
-
Singh v Glass Express Midlands Limited UKEAT/0071/18/DM
Appeal against nil basic and compensatory awards by the ET which held that, although the Claimant’s dismissal was procedurally unfair, a fair process would have made no difference, any award should be reduced by reason of the Claimant’s conduct, and the Claimant had not mitigated his loss. Appeal allowed in part and remitted to same ET.
- cases
19/12/2018 16:19
-
Unfair dismissal - Case Round-Up: November 2018
In this month's case round-up, Mark Shulman, consultant solicitor with Keystone Law, looks at the twists and turns in four unfair dismissal appeals.
- resources
12/11/2018 10:26
-
Hawkes v Ausin Group (UK) Ltd UKEAT/0070/18/BA
Appeal against a finding that the Claimant had been fairly dismissed. Appeal dismissed.
- cases
16/10/2018 10:42
-
Talon Engineering Ltd v Smith UKEAT/0236/17/BA
Appeal against a finding that the Claimant had been unfairly dismissed. Appeal dismissed.
- cases
09/08/2018 11:23
-
Lancaster & Duke Ltd v Wileman UKEAT/0256/17/LA
Appeal against a ruling that the Claimant's length of service should be extended by the statutory notice period, thus bringing her within the 2 year qualifying period to make a claim at the ET. Appeal also against the failure by the ET to make a Polkey deduction. Both appeals allowed.
- cases
05/07/2018 13:13
-
Walker Smith v Perrys Motor Sales Ltd; Perrys Motor Sales Ltd v Walker Smith UKEAT/0251/17/JOJ; UKEAT/0252/17/JOJ
Claimant's appeal against the reduction of his award for contributory conduct. Respondent's appeal against a finding that the Respondent had not provided the Claimant with a statement of particulars and against a finding that the Claimant had resigned in the heat of the moment and was thereby entitled to withdraw his resignation subsequently. Both appeals were allowed.
- cases
03/07/2018 17:03
-
Feltham Management Ltd v Feltham & Ors UKEAT/0201/16/RN
Appeal against findings which determined the EDT (which in turn meant the claims were in time), that no Polkey or contributory fault adjustments should be made to the award and against a finding of sex discrimination. The appeal was allowed in respect of the sex discrimination claim.
- cases
22/12/2017 11:16
