unfair dismissal
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Lucey v Governing Body of Altrincham Grammar School for Girls UKEAT/0002/10/CEA
Appeal against decision in the ET that the claimant had been dismissed fairly in circumstances where she was dismissed on capability grounds but where the panel were unaware that a four-week capability assessment had not been carried out as required. Appeal dismissed, primarily because the ET had concluded that the procedural irregularity was necessary as it was thought that the claimant's health would not withstand the return to work necessary to complete the assessment.
- cases
25/11/2010 16:12
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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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Woodcock v Cumbria Primary Care Trust UKEAT/0489/09/RN
Appeal against decision by the ET that the claimant’s dismissal was fair and the respondents had not discriminated against him by reason of his age. Appeal in respect of unfair dismissal succeeded, sex discrimination appeal failed.
- cases
14/11/2010 17:10
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The Royal Bank of Scotland Group v Lindsay UKEAT/0506/09/DM
Appeal against a decision by the ET that the claimant was unfairly dismissed. Appeal allowed and remitted to a different Tribunal to determine the issue of whether the sanction of dismissal was within the band of reasonable responses.
- cases
09/11/2010 15:31
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Henderson v London Borough of Hackney & Anor [2010] EWCA Civ 1189
Renewed application for permission to appeal against decision that the claimant had been dismissed lawfully and fairly. Application granted.
- cases
05/11/2010 18:11
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Cheesebrough v Ministry of Justice [2010] EWCA Civ 1239
Application to appeal an EAT decision, agreeing with the ET, that the claimant had not been unfairly dismissed. The EAT had concluded that they were satisfied that there was a proper basis for the conclusion of the employment tribunal that the investigation in all the circumstances had been reasonable, that the employers were entitled to accept the evidence available, but there were certain features of the claimant's response which cast doubt on his credibility, and in those circumstances he would not have a realistic prospect of appealing successfully. The Court of Appeal agreed and refused the application.
- cases
05/11/2010 15:02
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Nunn v Royal Mail Group Ltd UKEAT/0530/09/DM
Appeal against ruling that the claimant was not dismissed by reason of making a protected disclosure. Appeal dismissed.
- cases
27/10/2010 14:12
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Whitelock & Storr & Ors v Khan UKEAT/0017/10/RN
Appeal against decision by the ET that the claimant was unfairly dismissed by reason of having made protected disclosures. The EAT said that the question that the Tribunal should have asked in relation to misconduct alleged by the respondent was whether the respondent had a reasonable belief that whilst employed by them, the claimant had acted to their detriment in breach of his duty of trust and confidence to his employers. If they did have that belief, they then had to decide if that was the reason for dismissal. This question should have been answered before the Tribunal considered the allegation of protected disclosures. Findings in relation to protected disclosure dismissal and unfair dismissal set aside; automatic unfair dismissal finding and counterclaim regarding loss of income to the respondent remitted to a different Tribunal for a re-hearing.
- cases
26/10/2010 14:31
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Community Integrated Care v Peacock UKEATS/0015/10/BI
Appeal against decision by the ET that, even though the claimant's unfair dismissal claim was presented out of time, they could still hear her case as it was not reasonably practicable for her to have presented her claim in time due to her suffering from depression. The EAT found that the claimant's solicitor had failed to tell her about the 3 month limit. However, they ruled that this was not a case where the claimant’s health was so bad as to lead to the conclusion that even if she had been told about the time limit by her legal advisor she could not reasonably have been expected to be able to instruct the presentation of a claim. The factual findings all pointed to her having been in a position to do so if she had been told about it. Appeal succeeded and claim dismissed.
- cases
26/10/2010 14:13
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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
