practice and procedure
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A procedural cornucopia - Case Round-Up: January 2014
In this month’s round-up, Mark Shulman consultant solicitor with Keystone Law looks at recent cases concerning Pre Hearing Reviews, issue estoppel and abuse of process.
- resources
13/01/2014 10:15
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Calmac Ferries Ltd v Wallace & Anor UKEATS/0014/13/BI
Appeal against a refusal by the ET to strike out an equal pay claim. Appeal dismissed.
- cases
21/12/2013 14:19
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Jamieson v Nationwide Building Society UKEATS/0028/13/BI
Appeal against a decision that the claimant’s appeal should go to a full hearing after a ruling that she had resigned not been dismissed. A review of the decision was allowed but the decision was confirmed.
- cases
21/12/2013 14:10
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Garcia v Market Probe Europe Ltd UKEAT/0024/13/BA
Appeal against the dismissal of the claimant’s claim of having suffered a detriment for making a protected disclosure. Appeal allowed.
- cases
21/12/2013 13:50
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IG Index PLC v Cloete [2013] EWHC 3789 (QB)
Application to strike out a claim for damages as an abuse of court process where documents had been disclosed in Employment Tribunal proceedings and no permission had been sought to use them in these proceedings. The claim was struck out.
- cases
21/12/2013 12:45
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Bonkay-Kamara v APCOA Parking UK Ltd UKEAT/0577/12/RN
Appeal against decision to hold a Pre-hearing review, where directions had been given for a full hearing and a subsequent application for a PHR had been dismissed. Appeal allowed in part.
- cases
15/12/2013 10:09
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Senator Hotels Ltd v Ratkowski UKEAT/0318/12/GE
Appeal where the appellant respondent submitted that there had been procedural irregularity and bias because he had refused to submit a written witness statement. Appeal dismissed.
- cases
05/12/2013 21:04
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Rustamova v The Governors of Calder High School UKEAT/0214/13/SM
Proceedings adjourned while case sent back under Burns-Barke procedure for further written reasons and a judgment to be signed by the EJ in circumstances where the the original decision had been by a lay member majority.
- cases
04/12/2013 20:39
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Byrnes v Bluesky Financial Claims & Anor UKEAT/0067/13/GE
Appeal against a refusal to review a decision that a claim in respect of unlawful deductions was out of time. Appeal allowed and remitted to the same EJ.
- cases
28/11/2013 11:53
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Jones v Owen UKEAT/0091/13/RN
Appeal against a finding that the claimant had been constructively unfairly dismissed and had suffered sex discrimination and sexual harassment. Appeal allowed and remitted for a re-hearing.
- cases
21/11/2013 12:35
