unfair dismissal
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Njoku v Lewisham Hospital NHS Trust [2010] EWCA Civ 1017
Application for permission to appeal a decision that the claimant had been fairly dismissed in an unfair dismissal and race discrimination case. Application refused.
- cases
17/09/2010 10:59
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Celebi v Scolarest Compass Group UK & Ireland Ltd UKEAT/0032/10/LA
Appeal against a decision by the Tribunal that the claimant was fairly dismissed. The EAT found that the real reason for dismissal was not that which was contained within the Step 1 letter and thus did not comply with the Statutory Disciplinary Procedures, making the dismissal automatically unfair. Appeal succeeded.
- cases
16/09/2010 16:10
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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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Kelly v University of Southampton UKEAT/0139/10/LA
Appeal by claimant against a ruling by the ET that her compensation for unfair and wrongful dismissal should be limited because she failed to mitigate her loss. The claimant was dismissed following the expiration of her work visa, and once this was sorted out, she failed to re-apply for her old job or other jobs at the University for which she was suitable and which the ET found she would probably have been offered. Appeal dismissed.
- cases
14/09/2010 15:24
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Clarke v Zurich UK General Services Ltd UKEAT/0184/10/DA
Appeal against a costs order made against the claimant who lost her claim of unfair dismissal. The claimant had been dismissed for her part in imprisoning a private investigator. The EAT ruled that the Employment Tribunal was entitled on the evidence before it to conclude that the claimant had participated in the unlawful detention of the private investigator, although there was evidence before the Employment Tribunal that supported the claimant’s case. The weighing up of conflicting evidence was a matter solely for the Employment Tribunal and complaints as to its findings did not (in the absence of perversity) raise any point of law. Appeal dismissed.
- cases
10/09/2010 11:45
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Shoesmith v Ofsted & Ors (Supplementary Judgment)
Judgment concerning costs and permission to appeal arising from judicial review proceedings where a Director of Children's Services was dismissed following intervention from the Secretary of State. Permission to appeal the judge's decisions with regards to the Secretary of State and the local authority was granted.
- cases
05/09/2010 16:00
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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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Commissioner of Police of the Metropolis v Buchanan UKEAT/0518/09/SM
Appeal by the respondent police force against a finding that the claimant police officer had been automatically unfairly dismissed. The EAT found that the ET had erred by ruling that the Step1 letter did not comply with the statutory disciplinary procedures, but decided that the dismissal was unfair because the police used the Convictions Board to deal with the dismissal despite the claimant not having been convicted of an offence. Appeal dismissed.
- cases
27/08/2010 10:30
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Wilson Devonald v Suckling UKEAT/0131/10/DM
Appeal against decision that the claimant was unfairly dismissed as the sanction of dismissal fell outside the band of reasonable responses. Appeal allowed: the ET had wrongly substituted its views for those of the employer. The EAT found that the claimant was fairly dismissed.
- cases
26/08/2010 08:46
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Tao Herbs & Acupuncture Ltd v Jin UKEATPA/1477/09/RN
Appeal against compensation award following a ruling that the claimant had been unfairly dismissed. The EAT agreed with the ET that the employer's ability to pay was not a relevant consideration under s123 of the ERA. Appeal dismissed.
- cases
26/08/2010 08:39
