unfair dismissal
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Oso & Anor v Newham University Hospital NHS Trust UKEAT/0099/10/DM
Appeal against decision of ET rejecting unfair dismissal and race discrimination claims in circumstances where the claimants had been the only two dismissed out of ten nurses suspended during investigations into allegations of abuse. The appeals were dismissed; the race claims partly because the ET was entitled to focus on actual comparators rather than consider hypothetical ones.
- cases
26/08/2010 08:29
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Parfums Givenchy v Tabaquin Finch UKEAT/0517/09/RN
Appeal and cross appeal in a judgment concerning unfair dismissal and written particulars of employment. The EAT found the ET had made 2 mistakes of fact which made the judgment perverse and so could not be unarguably right. The matter was remitted to a different Tribunal. The EAT also struck out the award under s38 of the Employment Act 2002 as the claimant did not qualify under that section.
- cases
24/08/2010 10:03
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Arhin v Enfield Primary Care Trust [2010] EWCA Civ 982
Application to appeal refusal by the EAT to allow the appellant to appeal their decision in relation to compensation and re-engagement/reinstatement in an unfair dismissal case. Application allowed.
- cases
23/08/2010 11:02
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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Appeal against decision by the ET that the claimant had not been unfairly dismissed as Step 1 of the now repealed statutory disciplinary procedures had been complied with.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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The Governing Body of St Andrews Catholic Primary School & Ors v Blundell UKEAT/0330/09/JOJ
Appeal against the level of compensation awarded and a statutory recommendation, arising from findings of unfair dismissal, sex discrimination and breach of contract. Case remitted to the same Employment Tribunal to re-calculate the compensatory award, and the statutory recommendation varied.
- cases
09/08/2010 14:51
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Cancer Research UK v Harding UKEAT/0485/09/DA
Appeal against the Tribunal's finding that the claimant was unfairly dismissed. The EAT allowed the appeal on the bases that the ET had not given adequate reasons for its decision and had erred in law in holding that the burden of proof rested on the employer to show reasonable grounds for its belief in the Claimant’s misconduct based on a reasonable investigation.
- cases
05/08/2010 09:36
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Carclo Technical Plastics Ltd v Jeyanthikumar UKEAT/0129/10/CEA
Appeal against ET findings of automatic unfair dismissal and unfair dismissal pursuant to s98(4) of the ERA 1996. Appeal dismissed.
- cases
05/08/2010 09:34
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McCann v Clydebank College UKEATS/0061/09/BI
Appeal against ET's decision to dismiss a claim of unfair dismissal. The claimant was dismissed for doing remunerative work in his own business, without his employer’s consent, in a period when he was off sick and in respect of which he was receiving sick pay. The EAT held that the ET was entitled, in the circumstances of the case, to hold that the dismissal was fair.
- cases
04/08/2010 10:10
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Wells v St Edward's RC Primary School [2010] EWCA Civ 884
Renewed application to appeal against a decision not to review the ET's decision which ruled that the claimant had not been unfairly dismissed. The Court of Appeal concluded that the application was totally without merit and dismissed the appeal.
- cases
02/08/2010 11:41
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Ministry of Defence v Wallis & Anor UKEAT/0546/08/ZT
Appeals against rulings by an Employment Tribunal that it did have jurisdiction to hear claims of unfair dismissal and sex discrimination even though the claimants worked abroad. Appeals dismissed.
- cases
02/08/2010 11:35
