reasonableness
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Bowater v Northwest London Hospitals NHS Trust [2011] EWCA Civ 63
Appeal by claimant against EAT decision to allow the respondent's appeal against a finding of unfair dismissal. Appeal allowed and ET's order restored.
- cases
06/02/2011 18:14
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Orr v Milton Keynes Council [2011] EWCA Civ 62
Appeal against decision in the EAT, which was the second time the case had been to that Tribunal, that the claimant had been unfairly dismissed. Appeal dismissed by majority.
- cases
03/02/2011 17:17
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The Royal Bank of Scotland Group v Lindsay UKEAT/0506/09/DM
Appeal against a decision by the ET that the claimant was unfairly dismissed. Appeal allowed and remitted to a different Tribunal to determine the issue of whether the sanction of dismissal was within the band of reasonable responses.
- cases
09/11/2010 15:31
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Semple Fraser LLP v Daly UKEATS/0045/09/BI
Appeal against decision by the ET that the claimant had been unfairly dismissed on the grounds of redundancy. The ET re-marked the scores of the 2 employees at risk of redundancy, found them to be equal and concluded that the claimant had therefore been unfairly dismissed. The EAT disagreed and said that it was not open to the ET to re-mark the scores. Further, if equal scores made dismissal unfair for the claimant, so it would for the other employee. Also, even if different scores could have been reached by another employer that does not show that the respondent acted unreasonably. Appeal allowed and a finding of fair dismissal was substituted.
- cases
05/10/2010 16:14
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Cancer Research UK v Harding UKEAT/0485/09/DA
Appeal against the Tribunal's finding that the claimant was unfairly dismissed. The EAT allowed the appeal on the bases that the ET had not given adequate reasons for its decision and had erred in law in holding that the burden of proof rested on the employer to show reasonable grounds for its belief in the Claimant’s misconduct based on a reasonable investigation.
- cases
05/08/2010 09:36
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McCann v Clydebank College UKEATS/0061/09/BI
Appeal against ET's decision to dismiss a claim of unfair dismissal. The claimant was dismissed for doing remunerative work in his own business, without his employer’s consent, in a period when he was off sick and in respect of which he was receiving sick pay. The EAT held that the ET was entitled, in the circumstances of the case, to hold that the dismissal was fair.
- cases
04/08/2010 10:10
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Honey v City and County of Swansea UKEAT/0465/09/JOJ
Appeal against decision by ET that the claimant had not been unfairly dismissed. The claimant claimed that the statutory disciplinary procedures had not been followed and also that he had been treated differently from another worker in a comparable situation. Appeal dismissed.
- cases
28/07/2010 10:51
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Milton Keynes General NHS Trust v Southcote Want UKEAT 0270/09/CEA
Appeal against finding that the claimant had been unfairly dismissed for gross misconduct after allegations that she had improperly assisted a friend to obtain employment at the hospital. The matter was returned to the ET for a rehearing.
- cases
28/04/2010 11:31
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Snows Motor Group v Palmerino UKEAT/0175/09/DM
Appeal by employer against an unfair dismissal conclusion where the burden of proof on the employer was not only in terms of a genuine belief as to the reason for dismissal but also extended to proving the reasonableness of the sanction of dismissal. Appeal allowed and remitted back to Tribunal for a complete re-hearing.
- cases
11/03/2010 16:31
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O'Neil v Metronet Rail BVC Ltd UKEAT 0356/09/DM
Appeal No. UKEATPA/0356/09/DMEMPLOYMENT APPEAL TRIBUNAL58 VICTORIA EMBANKMENT, LONDON EC4Y 0DSAt the TribunalOn 7 December 2009BeforeHIS HONOUR JUDGE McMULLEN QC (SITTING ALONE)MR T O'NEILL (APPELLANT)METRONET RAIL BVC LTD (RESPONDENT)Transcript of Procee…
- cases
25/01/2010 18:54
