practice and procedure
-
Allma Construction Ltd v Bonner UKEATS/0060/09/BI
Appeal against decision of an Employment Judge who held that no binding settlement had been reached after an offer to settle had been made and accepted, partly because ACAS did not believe that was the case. Appeal upheld and claim dismissed.
- cases
08/10/2010 10:09
-
East Dunbartonshire Council v Trade Union Backed Claimants & Ors UKEATS/0005/10/BI
Appeal against decision of the ET to allow amendment of an equal pay claim (adding new comparators) which, if it had been a fresh claim instead, would have been time barred. The respondent also objected to the fact they had had no opportunity to resolve the claims involving the new comparators at the grievance stage, and the Tribunal erred by saying that any prejudice suffered could be met by reducing the compensatory award. Appeal allowed; the EAT agreed that the amended claim did not meet the statutory criteria for a reduction in compensation, they allowed the claimants to amend their claims and remit these claims to the same Employment Judge to consider the applications to amend.
- cases
05/10/2010 16:15
-
Newsquest (Herald & Times) Limited v Keeping UKEATS/0051/09/BI
Appeal by respondents against decision by Employment Judge to amend a claim to introduce a fresh equal pay claim in circumstances where there was no explanation for lateness but the judge had concluded that the time-bar was not in issue. The appeal was allowed partly because the judge had considered the wrong date. If she had considered the correct date she would have found that a time-bar arose and it would not have been open to her allow the amendment.
- cases
05/10/2010 16:11
-
Royal Bank of Scotland v Chaer UKEAT/0429/09/DM
Appeal against ruling by the Tribunal that the claimant had been unfairly dismissed due to the respondent employer not carrying out a proper investigation. Appeal dismissed.
- cases
30/09/2010 15:03
-
Owolowo v Family Mosaic Housing Association UKEAT/0160/10/ZT
Appeal against refusal to extend time for claims of discrimination and unfair dismissal. The EAT found that, even if the claimant, a litigant in person, had not specifically raised the point that he genuinely thought there was an ongoing procedure in relation to his dismissal, it should have been considered by the Tribunal Judge in light of the ET1. Appeal succeeded and remitted to the same Employment Judge.
- cases
30/09/2010 15:01
-
Merrick (Formerly T/A WM A Merrick & Co Solicitors) v Fearon Vaughan Simpson UKEAT/0349/10/ZT
Appeal against a direction of the Tribunal that a strike out application, relating to unfair dismissal, should be heard by a full Employment Tribunal. The appeal was allowed: the EAT ruled that the full merits hearing listed should instead be used for a pre-hearing review, the only question to be decided to be whether or not the claimant claiming unfair dismissal had a reasonable prospect of success.
- cases
30/09/2010 15:00
-
Nixon v Ross Coates Solicitors & Anor UKEAT/0108/10/ZT
Appeal against a ruling that, although the Tribunal found in the claimant’s favour in respect of unfair constructive dismissal, the claimant had not suffered sex or pregnancy-related discrimination. Second appeal relating to the reduction in compensation. Cross appeal by the employer against the ruling of unfair dismissal. Appeals succeeded, cross appeal failed.
- cases
30/09/2010 14:54
-
G v Gardiner & Theobald LLP UKEAT/0191/10/SM
Appeal against a decision that the claimant's ET1 did not include a claim for Equal Pay, and that if an amendment was sought, it would be refused. Whilst it was noted that the details on the ET1 could be minimalist, there was still a requirement for a minimum amount of information to explain what the claim was about. The EAT agreed that the ET1 contained a claim for sex discrimination but not equal pay. Appeal dismissed.
- cases
26/09/2010 13:18
-
Chang Tave v Haydon School & Anor UKEAT/0153/10/CEA
Appeal against a decision by the Tribunal not to postpone a hearing due to the claimant's ill health, and against an order to strike out the claimant's claim due to his witness statement not having been lodged in time. The EAT found the Tribunal to be wrong on both counts; they set aside the strike order and ordered the matter to be re-listed for a full merits hearing before a different Tribunal.
- cases
26/09/2010 13:13
-
Gloucestershire Constabulary v Peters & Peters UKEAT/0322/10/ZT
Appeal by respondent against a refusal by the Employment Judge to allow an indefinite stay on employment proceedings relating to disability discrimination whilst a criminal investigation was still ongoing. Appeal allowed.
- cases
19/08/2010 08:25