practice and procedure
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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
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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
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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
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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
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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
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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
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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
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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