practice and procedure
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University of Manchester v Faulkner UKEAT/0081/10/ZT
Appeal against two judgments of the ET, the liability judgment and the remedy judgment, which were made in favour of the claimant who had alleged unfair constructive dismissal. Appeal allowed, both judgments set aside and the case remitted to a different Tribunal for a re-hearing.
- cases
30/11/2010 16:58
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Smith v Greenwich Council & Ors UKEAT/0113/10/JOJ
Appeal against two rulings by the ET: 1) that the claimant had withdrawn his claims under the ET rule 28 and 2) a costs order of £10,000 against the claimant. Both appeals allowed: re-hearing ordered before a different Tribunal, costs order set aside.
- cases
25/11/2010 17:30
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Parveen v International Dances Shoes Ltd & Anor UKEAT/0447/10/LA
Appeal against decision by ET to refuse join a named individual respondent in constructive dismissal and sex discrimination claims. Appeal allowed.
- cases
25/11/2010 16:18
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HSBC Asia Holdings B.V & Anor v Gillespie UKEAT/0417/10/DA
Appeal by the respondent against the ET judge’s refusal, at a case management conference, to exclude evidence which the claimant sought to use as ‘background’ material to her claims of sex discrimination and sexual harassment. Appeal succeeded.
- cases
23/11/2010 15:39
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Arrowsmith v Nottingham Trent University UKEATPA/1708/09/CEA
Appeal against the outcome of the review of an ET's judgment refusing to vary its decision upholding an order for costs made against the claimant. The claimant, who was claiming sex discrimination as a result of not getting a job because, as she claimed, she was pregnant, alleged that the review judgment was legally perverse. Appeal dismissed and an application to appeal to the Court of Appeal refused.
- cases
05/11/2010 15:34
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Community Integrated Care v Peacock UKEATS/0015/10/BI
Appeal against decision by the ET that, even though the claimant's unfair dismissal claim was presented out of time, they could still hear her case as it was not reasonably practicable for her to have presented her claim in time due to her suffering from depression. The EAT found that the claimant's solicitor had failed to tell her about the 3 month limit. However, they ruled that this was not a case where the claimant’s health was so bad as to lead to the conclusion that even if she had been told about the time limit by her legal advisor she could not reasonably have been expected to be able to instruct the presentation of a claim. The factual findings all pointed to her having been in a position to do so if she had been told about it. Appeal succeeded and claim dismissed.
- cases
26/10/2010 14:13
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Faleye & Anor v UK Mission Enterprise Ltd & Ors UKEAT/0359/10/LA
Appeal against decision that 4 cases which were linked should be heard together at one Tribunal. The EAT decided that the Employment Judge was perfectly entitled to proceed on the straightforward basis that all four cases needed to be case-managed together; that the only question was whether that should be in London South or London Central; that there was no particular presumption in favour of one or the other, given that no prejudice arose to the parties; and that thus the single factor clearly favouring London Central, namely its expertise in state immunity matters, should prevail. Appeal dismissed.
- cases
26/10/2010 11:35
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Riniker v City & Islington College Corporation UKEATPA/0541/10/CEA; UKEATPA/0542/10/CEA
Rule 3(10) application appealing against: 1) the refusal by the Employment Judge to make changes, under the slip rule, to the title and substance of a review judgment; 2) the allegedly inconsistent, anomalous and unlawful situation that there were two judgments on the record in this case; and 3) the refusal to order the production of the Employment Judge's notes. 'Pre-hearing review' substituted with 'hearing' in ground 1. Other applications refused.
- cases
20/10/2010 15:11
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Wilkinson v University of Lincoln [2010] EWCA Civ 1075
Renewed application for permission to appeal decision by the EAT which dismissed an appeal against the ET judgment relating to the applicant’s claim of unfair dismissal and discrimination. Application adjourned.
- cases
12/10/2010 15:37
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Hunt v Tesco Stores Ltd [2010] EWCA Civ 1069
Application to appeal, out of time, against a refusal of the EAT to review its decision, dismissing the applicant’s claim of unfair dismissal. Application refused.
- cases
12/10/2010 15:36