striking out
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Ashby & Ors v Birmingham City Council [2011] EWHC 424 (QB)
Appeal against the striking out of equal pay claims which had been brought to the County Court because claims brought before the Employment Tribunal would be time-barred. Appeal allowed and strike out decisions set aside.
- cases
04/03/2011 10:09
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A v B & C [2010] EWCA Civ 1378
Appeal against decision in the EAT that reversed a strike out of unfair dismissal and sex discrimination claims. Appeal dismissed.
- cases
12/12/2010 11:54
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Deman v The Commission for Equality & Human Rights [2010] EWCA Civ 1279
Appeal against 2 decisions, relating to a claim for damages, of the Judge sitting in the County Court, the first holding that the Judge was not required to sit with assessors in order to determine an application to strike out the claim, the second holding that the claim was untriable and should be struck out. Appeal dismissed.
- cases
17/11/2010 15:02
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Balls v Downham Market High School & College UKEAT/0343/10/DM
Appeal against decision of the ET to strike out claims of unfair dismissal and unlawful deduction of wages. Appeal allowed and case remitted to a different Tribunal.
- cases
17/11/2010 15:01
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Edem v Egg Plc & Anor [2010] EWCA Civ 480
Application for permission to appeal a ruling that an appeal of 2 orders made by the Employment Judge, one refusing to provide the claimant with clarification as to what documentation was required for his appeal to the EAT, the other clarifying which of the many claims remained live and which had been struck out, had no prospect of success. Second application to re-open the appeal to the Court of Appeal, the claimant claiming that his misconceived application to the House of Lords was rejected too late to enable him to take his case to the ECHR. Both applications refused.
- cases
26/10/2010 11:00
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Chang Tave v Haydon School & Anor UKEAT/0153/10/CEA
Appeal against a decision by the Tribunal not to postpone a hearing due to the claimant's ill health, and against an order to strike out the claimant's claim due to his witness statement not having been lodged in time. The EAT found the Tribunal to be wrong on both counts; they set aside the strike order and ordered the matter to be re-listed for a full merits hearing before a different Tribunal.
- cases
26/09/2010 13:13
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Cafagna v ISS Mediclean & Ors UKEATPA/0414/09/DA
Appeals under rule 3(10), against striking out of various claims made by the claimant concerning alleged disability discrimination and protected disclosure and involving consideration of case management. A full hearing was directed to deal solely with the strike out of the protected disclosure claim.
- cases
17/06/2010 17:55
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Clifton v Lloyds TSB Bank Plc UKEAT/0347/09/RN
Appeal against strike out of claims of unfair dismissal, victimisation and protected disclosure. The strike out in relation to part of the unfair dismissal claim was revoked and ordered to proceed to a full hearing before the Employment Tribunal.
- cases
31/03/2010 13:25
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Thind v Salvesen Logistics Ltd UKEAT/0487/09/DA
Appeal against the refusal of the judge to review the striking out of a claim for disability discrimination, which occurred as a result of a failure to comply with an unless order. Appeal succeeded and the strike out revoked.
- cases
25/03/2010 16:15
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Leon v Trans Global Freight Management Limited UKEAT/0200/09/RN
Appeal against the decision of the ET to strike out a claim for unfair dismissal because of the claimant's failure to actively pursue the claim. The claimant had been in prison, thus had not received the correspondence from the Tribunal. Appeal succeeded and remitted to the Tribunal to consider the strike out afresh.
- cases
11/03/2010 16:03
