redundancy
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Unfair Dismissal Cases Round-Up: September 2012
In this month’s round-up, Mark Shulman consultant solicitor with Keystone Law looks at recent redundancy cases which provide a helpful refresher on what constitutes a “redundancy situation”.
- resources
06/09/2012 12:10
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Wrexham Golf Co Ltd v Ingham UKEAT/0190/12/RN
Appeal against a finding that the claimant had been unfairly dismissed when he was selected for redundancy. Appeal allowed and remitted to a fresh Tribunal for a re-hearing.
- cases
17/08/2012 10:51
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Acorn Packaging v Carroll UKEAT/0534/11/SM
Appeal against a decision that the claimant had the requisite period of continuous employment to qualify for a redundancy payment. Appeal dismissed.
- cases
06/08/2012 08:40
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Greater Glasgow Health Board v Lamont UKEATS/0019/12/BI
Appeal against a decision that the claimant, who worked a 2 year fixed term contract whilst another employee was on secondment, was entitled to a redundancy payment on termination of the contract. Appeal allowed and ruling that the claimant had not been made redundant was substituted.
- cases
02/08/2012 12:48
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Maksymiuk v Bar Roma Partnership UKEATS/0017/12/BI
Appeal against dismissal of discrimination claim arising from allegations of unfavourable treatment because of pregnancy where the claimant had been made redundant soon after announcing her pregnancy. Appeal dismissed.
- cases
20/07/2012 20:30
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Cumbria Partnership NHS Foundation Trust v Steel UKEAT/0635/11/JOJ
Appeal against decision that a redundancy related dismissal was unfair where the claimant alleged he was the highest scoring candidate for a post to which he should have been appointed. Appeal dismissed.
- cases
16/07/2012 19:36
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Nicholls v Rockwell Automation Ltd UKEAT/0540/11/SM
Appeal against decision that a redundancy exercise had been unfair broadly because some of the selection criteria were not objective. Appeal allowed as the ET had not had not applied the approach set out in British Aerospace v Green [1995] IRLR 437 and had in effect substituted its own view of the appropriate marks for that of the Respondent.
- cases
11/07/2012 20:47
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Mitchells of Lancaster (Brewers) Ltd v Tattersall UKEAT/0605/11/SM
Appeal against a decision ruling that the claimant had been unfairly dismissed, or in the alternative, that the Polkey deduction was too small. Appeal against the unfair dismissal was dismissed but the Polkey issue was remitted to the ET.
- cases
11/06/2012 08:37
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Cartwright v Kings College London UKEAT/0565/11/ZT
Appeal against the level of compensation awarded after a finding of unfair dismissal. Appeal dismissed.
- cases
19/05/2012 17:11
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Dzieddziak v Future Electronics Ltd UKEAT/0270/11/ZT
Appeal against a decision to apply Polkey and award nil compensation after a successful claim of unfair dismissal, and against the rejection of a sex discrimination claim. Cross appeal against the finding of unfair dismissal and race discrimination. Both appeal and cross appeal failed.
- cases
29/03/2012 17:42
