practice and procedure
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Dootson v Royal Mail PLC UKEATPA/1315/09/ZT
Appeal against decision not to allow an application to appeal a disability discrimination claim because the application was lodged 2 days out of time. The application to appeal was lodged late, by mistake, by the lay representative of the claimant. The Registrar decided not to use their discretion to extend time. Appeal dismissed.
- cases
28/07/2010 11:07
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Butt v Bradford Metropolitan District Council UKEAT/0210/10/ZT
Appeal against decision of the Tribunal that allegations of race discrimination fell within the Modification Order, and therefore the allegations could not proceed against the respondent, the Local Authority. Cross appeal by the respondent against ruling that other allegations fell outside the Modification Order and so therefore could proceed. Appeal dismissed and cross appeal allowed.
- cases
27/07/2010 10:10
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Hill v G & R Pollard Ltd UKEAT/0154/10/DM
Appeal by claimant against level of compensation awarded for his successful claim of constructive dismissal. Appeal allowed: the Tribunal's judgment was not Meek compliant in that it gave no explanation as to how it had arrived at the figure for loss of future earnings, the 70% deduction for contributory fault or the 10% uplift.
- cases
19/07/2010 11:58
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Jabeen v Tower Hamlets Primary Care Trust [2010] EWCA Civ 793
Renewed application for permission to appeal where the applicant was seeking to overturn orders that her claim was out of time and where she alleged that the tribunal judge had announced that her claim would succeed but had changed his mind before giving the judgment. Application refused.
- cases
19/07/2010 10:29
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Gill v Humanware Europe PLC [2010] EWCA Civ 799
Appeal against decision of the EAT which made a wasted costs order against counsel representing the respondent in the Employment Tribunal. Appeal allowed.
- cases
19/07/2010 10:24
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Ruhaza v Alexander Hancock Recruitment Ltd [2010] EWCA Civ 763
Appeal against strike out of claims in discrimination proceedings in circumstances where an affidavit alleging bias was mislaid by the EAT and the claim was then dismissed as out of time. Appeal allowed, on different grounds, and remitted to the President.
- cases
09/07/2010 16:07
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Fearon Vaughan Simpson v WM A Merrick (formerly T/A W A Merrick & Co Solicitors) UKEAT/0490/09/DA
Appeal by former employee to have counterclaims against her from her employer struck out. The claimant brought breach of contract claims for sums due under her employment contract. The respondent brought counterclaims relating to sums which the claimant took during her employment. The claimant's claims were struck out as they could only have been brought by the Official Receiver as at that time she had still been an undischarged bankrupt. The EAT refused the claimant's request that the 3 counterclaims which still survived be struck out since the requirements of the Employment Tribunals (Extension of Jurisdiction) England & Wales Order 1994, SI 1994/1623 had been met.
- cases
08/07/2010 20:38
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Brill v Interactive Business Communications Ltd UKEAT/0062/09/JOJ & UKEAT/0097/09/JOJ
Appeal by claimant against the decision of the ET: 1) to revoke permission to amend the claimant's ET1, and 2) to remove the sanction of an unless order, striking out the respondent's response. Appeal against revocation of permission to amend the ET1, and, if necessary, the application to amend the ET1 was allowed and remitted to an Employment Judge. The appeal against the removal of the strike out was dismissed.
- cases
08/07/2010 09:30
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Scotthorne v Four Seasons Conservatories (UK) Ltd UKEAT/0178/10/ZT
Appeal by claimant, who had been dismissed for gross misconduct, against the refusal of the Tribunal to order disclosure of documents which could support the claimant’s argument that the respondent was trying to find ways to remove him. Appeal dismissed.
- cases
23/06/2010 18:33
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Scott v Matthew Arnold & Baldwin Solicitors UKEATPA/1712/09/JOJ
Appeal under rule 3(10) against decision that a dismissal was fair and in circumstances where the claimant mistakenly thought she had been successful at the original hearing. Appeal dismissed.
- cases
18/06/2010 10:25
