redundancy
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Unfair dismissal - Case Round-Up: March 2014
In this month’s round-up, Mark Shulman consultant solicitor with Keystone Law looks at recent cases covering constructive dismissal and the “Johnson exclusion zone”, misconduct investigations and compensation adjustments.
- resources
07/03/2014 16:45
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Hulley & Kirkwood Consulting Engineers Ltd v Marston UKEAT/0078/13/RN
Appeal against findings of unfair dismissal and sex and maternity discrimination. Appeal allowed and remitted to a fresh Tribunal to be heard again.
- cases
24/02/2014 08:34
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USDAW & Anor v Ethel Austin Ltd & Ors [2014] EWCA Civ 142
Judgment explaining reasons for referring this case to the CJEU. The proceedings involve collective redundancy consultation where the insolvent employers had multiple sites, some with more and some with fewer than 20 employees, the limit required by s188 of TULRCA 1992 to qualify for a protective award. Employees at the smaller sites had been unsuccessful in their claims for such an award.
- cases
23/02/2014 17:54
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TNS UK Ltd v Swainston UKEAT/0603/12/BA
Appeal against a finding that the claimant had not been dismissed on redundancy grounds but had been unfairly dismissed. Appeal allowed and a finding of redundancy was substituted.
- cases
27/01/2014 10:51
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Tavistock & Summerhill School & Anor v Richards & Ors UKEAT/0244/13/SM
Appeals against various rulings concerning 8 claimants who had been made redundant following the planned closure of a private school. All appeals dismissed except for one.
- cases
21/01/2014 15:23
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Langford v East Sussex County Council UKEAT/0275/13/DM
Appeal against the rejection of the claimant’s claims of unfair dismissal, breach of Regulation 10 of the Maternity and Parental Leave, etc Regulations 1999 and unlawful discrimination under s.18 of the Equality Act 2010. Appeal allowed and remitted to another Tribunal.
- cases
17/01/2014 11:23
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McCarthy v Jaguar Cars Ltd UKEAT/0320/13/SM
Appeal against the dismissal of the claimant’s claims of unfair dismissal, direct disability discrimination and failure to make reasonable adjustments. Appeal dismissed.
- cases
17/01/2014 11:05
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Heron v Sefton Metropolitan Borough Council UKEAT/0566/12/SM
Appeal against the rejection of the claimant’s claim of age discrimination after her redundancy payment was less than that of her younger colleagues. Appeal allowed and the respondent ordered to pay the difference.
- cases
21/12/2013 13:56
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Stroud Rugby Football Club v Monkman UKEAT/0143/13/SM
Appeal by employers against finding that an employee who was made redundant would have accepted a job share and that the EJ should not have adopted a percentage chance basis of assessing future loss. Appeal dismissed.
- cases
04/12/2013 20:12
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Prince v Goundwork Wrexham & Flintshire UKEAT/0492/12/GE
Appeal against a ruling that the claimant was fairly dismissed when she was made redundant. Appeal dismissed.
- cases
29/11/2013 16:58
