TUPE
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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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British Telecommunications PLC v Luck & Ors [2014] EWHC 290 (QB)
Application by defendant to strike out claim of tort as time-barred where the claimants, former employees of the respondent who had been TUPE’d to a joint venture, were seeking compensation because they had subsequently lost their final salary pension benefits. Application unsuccessful.
- cases
23/02/2014 11:35
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Hazel & Anor v The Manchester College [2014] EWCA Civ 72
Appeal against ET decisions, which were upheld by the EAT, that the dismissal of the two claimants was not for an ETO reason, and thus the dismissals were automatically unfair; and that they should be re-engaged, the effect of which was to preserve the claimants’ pre-dismissal rates of pay. Appeal dismissed.
- cases
10/02/2014 10:55
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Sattar v Speyhill Ltd & Anor UKEATS/0030/13/BI
Appeal against a finding that the claimant was not an employee so could not bring his claim of unfair dismissal. Appeal dismissed.
- cases
17/01/2014 09:58
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Ward Brothers (Malton) Ltd v Middleton & Ors UKEAT/0249/13/RN
Appeal against a finding that the claimants had transferred to the transferee because the formal appointment of administrators to the transferor had taken place after the transfer, and the prospective administrators acted in a merely advisory capacity when they were consulted prior to the transfer about the inevitability of a cessation of its trading activity and the possibility of a voluntary winding up. Appeal dismissed.
- cases
29/11/2013 16:02
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Crystal Palace FC Ltd & Anor v Kavanagh & Ors [2013] EWCA Civ 1410
Appeal against an EAT ruling, which reversed the ET conclusion that the claimants were dismissed for an ETO reason and so therefore the liability for their dismissals did not pass to the second/third respondents. Appeal allowed and ET decision restored.
- cases
15/11/2013 16:30
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Swanbridge Hire & Sales Ltd v Butler & Ors UKEAT/0056/13/BA
Appeal against a finding that the claimants’ employment had been transferred to the transferee because there had been a service provision change. Appeal allowed and remitted to a different EJ.
- cases
15/11/2013 16:09
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Rojas v Brent Association of Disabled People UKEAT/0109/13/GE
Appeal against a decision to review and then revoke an earlier default judgment made in favour of the claimant. Appeal allowed and remitted for reconsideration.
- cases
18/10/2013 22:38
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Lorne Stewart Plc v Hyde & Ors UKEAT/0408/12/GE
Appeal against a finding that the two claimants had transferred to the transferor because both were found to have been assigned to an organised grouping of employees which was the subject of a service provision change. Appeal dismissed.
- cases
01/10/2013 16:27
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Nabbumba v Merton Priory Homes UKEAT/0112/13/MC
Appeal against a finding that the claimant had not been unfairly dismissed. Appeal allowed and remitted to the same Tribunal.
- cases
30/09/2013 14:02
