polkey
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May 2020 Online Update Course
This month's 12 questions are based on one Supreme Court case and two EAT cases.
- resources
12/05/2020 15:45
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Davies v DL Insurance Services Ltd UKEAT/0148/19/RN
Appeal against the ET’s failure, having concluded that the Claimant’s dismissal for redundancy was unfair, to make a re-engagement order. Appeal allowed.
- cases
21/04/2020 17:22
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Jagex Ltd v McCambridge UKEAT/0041/19/LA
Appeal against the ET’s judgment that the Claimant had been unfairly and wrongfully dismissed, and its decision that no contributory fault or Polkey reduction should be made. Appeal allowed in part.
- cases
27/11/2019 19:15
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Elston v Robbie’s Photographic Ltd and another UKEAT/0282/18/RN
Appeal by the Claimant against the ET’s judgment (1) upholding the Claimant’s claim of wrongful and unfair dismissal, but reducing her damages in respect of the unfair dismissal claim by 80%, and (2) rejecting the Claimant’s claim of unlawful victimisation. Appeal allowed.
- cases
19/07/2019 15:17
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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
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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
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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
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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
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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
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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