practice and procedure
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Unison (No 2), R (on the application of) v The Lord Chancellor [2014] EWHC 4198 (Admin)
Judgment in judicial review application concerning the legitimacy of the employment tribunal fees regime. Unsion were challenging the scheme on the gounds that it infringed the EU principle of effectiveness and that it discriminated indirectly against women. Both grounds were rejected and the application dismissed, largely because the applicant had not offered any evidence that individual claimants had been affected.
- cases
18/12/2014 08:29
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BGC Technology Support Services Ltd v Moore UKEAT/0211/14/JOJ
Appeal against a finding that the claimant had been unfairly dismissed. Appeal allowed and remitted to a different EJ.
- cases
16/12/2014 10:25
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Jeakins Weir Ltd v Wenban and others UKEAT/0164/14/RN
Appeal against a finding that the claimants’ employment came to an end after the business was transferred, such that liability for unfair dismissal payments and other outstanding contractual payments passed to the transferee. Appeal dismissed.
- cases
13/12/2014 19:54
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Gainford Care Homes Ltd v Kennedy UKEAT/0155/14/RN
Appeal against findings that the claimant had been subject to unlawful harassment on the grounds of her sexual orientation and that she had been unfairly constructively dismissed. Appeal allowed and remitted to the same Tribunal.
- cases
05/12/2014 11:42
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Governing Body of St Michael's Church of England Junior & Infant School v Smith UKEAT/0165/14/KN
Appeal against an ET decision that the claimant had been unfairly dismissed. Appeal allowed and remitted to a fresh Tribunal.
- cases
03/12/2014 17:37
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British Gas Services Limited v Basra UKEAT/0194/14/DM
Appeal against an ET decision which gave the claimant permission to amend his claim to include a new claim for victimisation and two new claims of disability discrimination when the time for bringing claims in respect of these claims had long expired and the claimant had not in fact formulated an application to amend. Appeal allowed and the decision to allow the amendments was reversed.
- cases
30/11/2014 10:52
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Guidance note on changes to CPD requirements
This notes summarises current position of proposals from the SRA and BSB to reform CPD requirements
- resources
19/11/2014 15:31
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Venkatesan v Surabi Ltd & Anor UKEAT/0193/14/DM
Appeal against a 100% Polkey deduction applied to the claimant’s compensatory award after his successful claim of unfair dismissal, and against a failure to deal with his claim of unlawful deductions. Both appeals were allowed and remitted to a fresh Tribunal.
- cases
19/11/2014 11:19
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Alukpe v South Thames College Corporation & Ors UKEAT/0395/13/MC
Appeal and cross-appeal against various ET decisions which included the striking out of the claimant’s discrimination and victimisation claims and a ruling that his claims of breach of contract could not be heard due to lack of jurisdiction. Appeal in respect of breach of contract was allowed; the other appeals and cross-appeal were dismissed.
- cases
19/11/2014 10:50
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East of England Ambulance Service NHS Trust v Sanders UKEAT/0217/14/RN
Appeal against a refusal by the ET to recuse itself after it had heard evidence on the preliminary issue of disability and then went on to the Internet to research an aspect of the evidence which might have been, but had not been, given by either party, apparently to see if that might help the case of the claimant. Appeal allowed.
- cases
14/11/2014 09:12