practice and procedure
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Blitz v Vectone Group Holdings Ltd UKEAT/0253/10/DM
Appeal by the claimant against a refusal to expedite the appeal hearing. Related application complaining about the decision to allow the respondent to take part in the proceedings and lodge their answer despite failing to lodge a skeleton argument and their answer in time. Application for costs against both sides. Appeal dismissed and applications refused.
- cases
17/12/2010 15:12
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Devon & Somerset Fire & Rescue v Tilke [2010] EWCA Civ 1402
Appeal against decision to remit unfair dismissal claims to a differently constituted tribunal rather than dismiss them. Appeal allowed and claims dismissed.
- cases
17/12/2010 10:05
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A v B & C [2010] EWCA Civ 1378
Appeal against decision in the EAT that reversed a strike out of unfair dismissal and sex discrimination claims. Appeal dismissed.
- cases
12/12/2010 11:54
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Mehta v Child Support Agency UKEAT/0127/10/CEA
Appeal against the dismissal of the claimant’s complaint of unfair dismissal in a case which concerned the fairness of the procedure followed by the Tribunal. Appeal dismissed.
- cases
10/12/2010 14:27
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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Appeal against two rulings by the ET: 1) that the claimant had withdrawn his claims under the ET rule 28 and 2) a costs order of £10,000 against the claimant.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
