statutory dismissal procedure
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Roberts v Acumed Ltd UKEAT/0466/09/DA
Appeal by claimant arising from unfair dismissal proceedings where the claimant had been dismissed after failing to agree new terms for commission payments with the respondent employer. Appeal allowed in part and remitted to the ET for determination of remedy.
- cases
25/11/2010 16:39
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Cartwright v King's College, London [2010] EWCA Civ 1146
Appeal against an EAT decision which upheld the Employment Tribunal’s ruling that the respondent had complied with Step 1 of the, now repealed, Statutory Disciplinary Procedures and thus the claimant had not been unfairly dismissed. Appeal succeeded, a finding of automatic unfair dismissal was substituted and the case was remitted to the Employment Tribunal for a remedy hearing.
- cases
29/10/2010 11:39
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D v Abercorn Care Ltd UKEATS/0044/09/BI
Appeal against ruling that the claimant was not unfairly dismissed. The claimant claimed that the respondent, by using a piece of evidence at the internal appeal without warning the claimant in advance, had not complied with the statutory dismissal procedures. The EAT agreed with the ET that there was nowhere in the statute that stipulated that any evidence which a party was intending to use at an appeal should be relayed to the other in advance. Even if there was, it was plain on the facts of the case that it was only at the appeal hearing that the respondent decided to refer to the evidence, being prompted into doing so by appeal and grievance letters that were produced by the claimant at that stage. Appeal dismissed.
- cases
05/10/2010 16:13
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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Appeal against decision by the ET that the claimant had not been unfairly dismissed as Step 1 of the now repealed statutory disciplinary procedures had been complied with.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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Bond v Urmet Domus Communication & Security UK Ltd UKEAT/0103/10/JOJ
Appeal against finding that employers had complied with statutory dismissal procedure in a redundancy on the grounds that they had not informed the employee how the selection criteria had been applied to him personally. Appeal allowed and remitted to tribunal.
- cases
30/06/2010 16:16
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Jones v Northumberland County Council [2010] EWCA Civ 47
Renewed application for leave to appeal where the claimant argued that the tribunal did not consider that his dismissal was potentially automatically unfair following Venneri. Application refused.
- cases
05/02/2010 17:32
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Drewett v Penfold UKEAT/0395/09/ZT
Appeal against decision to limit the uplift on compensatory award to 20%, and the basic award to 2 weeks. Appeal allowed; uplift increased to 50% and basic award increased to 4 weeks.
- cases
30/01/2010 08:06
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Fitness Solutions Scotland Ltd v Park UKEATS 0032/09/BI
1. Statutory dismissal procedure. Tribunal erred in finding that there had been a failure to follow the procedure where they had considered only whether or not it had been followed prior to the date of the employers’ decision to dismiss. They should hav…
- cases
25/01/2010 18:33
