redundancy
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Family Mosaic Housing Association v Badmos UKEAT/0042/13/SM
Respondent's appeal against an ET decision that the claimant had been unfairly dismissed after being selected for redundancy. Despite the ET having erred by substituting its view for that of the employer, the Tribunal had gone on to make further findings as to the selection process, which supported its conclusions that (1) the dismissal was unfair and (2) for the purpose of the complaints of race discrimination, the burden of proof had shifted and the Respondent had not discharged that burden. Those further findings stood notwithstanding the EAT's conclusion on the redundancy pool issue. The appeal was accordingly dismissed.
- cases
23/06/2014 20:48
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Swinburne & Jackson v Simpson UKEAT/0551/12/LA
Respondent's appeal against ET decision that the claimant, who was the longest serving and most experienced solicitor in the firm, had been unfairly dismissed after being selected for redundancy and had suffered age discrimination. The question for the Tribunal had been whether the dismissal of the Claimant for redundancy had been fair. It decided that it had not been. It delivered a fully reasoned judgment which contained no misdirection or other error of law. The appeal was dismissed.
- cases
23/06/2014 20:46
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Arnold Clark Automobiles Limited v Mak UKEATS/0052/13/BI
Appeal against a finding that the claimant had been unfairly dismissed on the grounds of redundancy. Appeal allowed and remitted to the same Tribunal.
- cases
28/04/2014 09:41
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The Council of the City of Newcastle Upon Tyne v Ford & Ors UKEAT/0358/13/MC
Appeal against a finding that the dismissal of the claimant through redundancy was unfair. Appeal dismissed.
- cases
25/03/2014 19:12
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Peacock Stores v Peregrine & Ors UKEAT/0315/13/SM
Appeal against a decision that the claimants were entitled to be paid a redundancy payment based on statutory terms but without a cap. Cross-appeal against the rejection of the claimant’s claim for unpaid holiday pay. Appeal and cross-appeal dismissed.
- cases
25/03/2014 19:09
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Mears Group PLC v Vassall UKEAT/0101/13/LA
Appeal against findings that the respondent had unfairly dismissed the claimant and had failed to make reasonable adjustments for his disability. The unfair dismissal appeal was dismissed but the reasonable adjustment appeal allowed.
- cases
16/03/2014 11:32
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London Borough of Barnet v Unison and NSL Ltd UKEAT/0191/13/RN
Appeal against 1) the level of protective award made to the successful claimants and 2) a failure by the ET to make a declaration that the second respondent was jointly and severally liable for a breach of the TUPE regulations. Cross-appeal by the second respondent that there should have been apportionment between it and the first respondent in respect of the TUPE award. Appeal allowed and cross-appeal dismissed.
- cases
08/03/2014 21:20
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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
