practice and procedure
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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
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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
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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
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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
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KLT Construction Ltd v Swain UKEAT/0527/09/JOJ
Appeal against decision by the ET refusing to set aside a judgment in default which had been made against the respondent because of late submission of the ET3. The EAT concluded that the EJ had not considered the respondent's prospects of success and so had made an error of law. Review judgment and judgment in default set aside, and response accepted out of time.
- cases
17/08/2010 11:59
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South Lanarkshire Council v Russell & Ors UKEATS/0067/09/BI
Appeal against an order requiring the respondent employer to provide additional information in respect of an equal pay claim. The order was held to be incompetent because, despite the hearing taking place before a full Tribunal, the Employment Judge made the order alone, contrary to rule 18(2). In the alternative, if the Employment Judge wanted to make a standalone order under rule 10, the lay members should not have heard the argument. Appeal allowed and case remitted to the Tribunal.
- cases
13/08/2010 11:28
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Asim v University Hospital Birmingham NHS Foundation Trust & Anor UKEAT/0094/10/SM
Appeal against decision by the Employment Tribunal which refused an application for an adjournment and then dismissed the claimant's claim of race discrimination in his absence. After the claimant produced a note from his doctor, showing that he had been too unwell to represent himself at the Tribunal, the EAT remitted the case back to the ET.
- cases
05/08/2010 09:35
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CK Heating Ltd v Doro UKEATS/0043/09/BI
Appeal by respondent against a decision by the ET to review an oral judgment, saying that the Tribunal was bound by its original decision. The EAT saw no error of law and dismissed the appeal.
- cases
04/08/2010 10:23
