redundancy
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Watkins v Jeanette Crouch T/A Temple Bird Solicitors UKEAT/0145/10/ZT
Appeal against a finding by the Tribunal that the claimant was not unfairly dismissed following a redundancy exercise. The EAT found that the Tribunal had not addressed in its decision in any meaningful way the case which was advanced on the claimants’ behalf and thus the ruling could not stand. Appeal succeeded and matter remitted to a different Tribunal for a rehearing.
- cases
16/09/2010 16:09
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Simpson v Endsleigh Insurance Services Ltd & Ors UKEAT/0544/09/DA
Appeal against finding that the claimant’s redundancy during maternity leave was not automatic unfair dismissal. Appeal dismissed.
- cases
31/08/2010 14:38
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Prowse-Piper v Anglian Windows Ltd & Ors [2010] EWCA Civ 428
Appeal by the respondent employer that the claimant, whose complaints of sex discrimination and unfair dismissal had already been upheld, should not be given the opportunity to claim sex discrimination relating to the respondent’s failure to offer her alternative employment following a genuine redundancy situation. Appeal dismissed.
- cases
26/08/2010 10:50
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Thomson v London Borough of Haringey UKEAT/0318/09/LA
Appeal against decision by the ET that the claimant had not been unfairly dismissed as Step 1 of the now repealed statutory disciplinary procedures had been complied with. The EAT agreed with the ET that, although the email, arranging a Step 2 meeting, was not sufficient alone to comply with Step 1, when it was read in conjunction with previous communication, the claimant was well aware that she was at risk of redundancy. Appeal dismissed.
- cases
20/08/2010 09:47
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Worrall & Ors v Wilmott Dixon Partnerships Ltd & Anor UKEAT/0521/09/DM
Appeal against Tribunal's decision ruling that the claimant was not entitled to an enhanced voluntary redundancy benefit of 'added years' since the regulations which awarded it had been removed by more recent regulations. Appeal dismissed.
- cases
09/07/2010 15:31
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Kraft Foods UK Ltd v Hastie UKEAT/0024/10/ZT
Appeal by respondent against a ruling by the ET that a cap preventing employees, who had been made redundant, from recovering more than they would have earned if they had remained in employment until retirement age, was unjustifiable and accordingly that it constituted unlawful discrimination contrary to the Employment Equality (Age) Regulations 2006 . Appeal allowed: since the purpose of the scheme was to compensate employees for the loss of the expectation of remaining in employment, to impose a cap preventing the “windfall” of an employee recovering more than he could have recovered had he stayed in employment until retirement necessarily constituted a proportionate means of achieving a legitimate aim.
- cases
08/07/2010 21:28
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Arkley v Sea Fish Industry Authority UKEAT/0505/09/JOJ
Appeal by claimant concerning the proper construction of a contractual term as to enhanced redundancy pay. Appeal allowed and remitted to ET for assessment of compensation.
- cases
28/04/2010 10:09
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Goode v Marks & Spencer Plc UKEAT/0442/09/DM
Appeal against Tribunal’s decision that the claimant had not made protected disclosures, thus had not been unfairly dismissed. Appeal dismissed.
- cases
21/04/2010 10:51
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Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order (Amendment) Order 2010
2010 No. 903****This Order amends the Redundancy Payments (Continuity of Employment in Local Government, etc.)(Modification) Order 1999 ("the principal Order").Part 1 of Schedule 2 to the principal Order modifies sections 146, 155 and 162 of the Employmen…
- legislation
24/03/2010 16:22
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Shanahan v Unite the Union UKEAT/0411/09/DM
Appeal against decision by ET that the employer was in breach of its duty under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRA”) by failing to consult with the appropriate trade union representatives when proposing to make more than 20 employees redundant. The employer also challenged the ET ruling that they should make a 90 day protected award to each of the employees who had been made redundant. Appeal in relation to breach of duty failed; appeal against the protected award succeeded and remitted back to the ET.
- cases
15/03/2010 15:05
