unfair dismissal
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National Amusements (UK) Ltd T/A Showcase Cinemas v Thomson UKEAT/0433/09/DA
Appeal against ruling that the claimant had been unfairly dismissed. The EAT found that the ET had substituted its views for that of the employer. Had they asked themselves whether the actions of the employer were within the range of reasonable responses, they would have answered in the affirmative. Appeal succeeded and the finding of unfair dismissal was set aside.
- cases
10/06/2010 18:08
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Enable Care & Home Support Ltd v Pearson UKEAT/0366/09/SM
Appeal against decision that the claimant was unfairly dismissed. The EAT overturned this ruling, saying that the ET had separated out the accusations and effectively watered them down, which led them to conclude that the behaviour of the claimant should have resulted in a warning rather than dismissal. The EATruled that the employer's actions did fall within the band of reasonable responses.
- cases
01/06/2010 14:50
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Secretary of State for Justice v Mansfield UKEAT/0539/09/RN
Appeal against Employment Tribunal decision that the claimant had been unfairly dismissed. Appeal succeeded.
- cases
12/05/2010 14:29
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Milton Keynes General NHS Trust v Southcote Want UKEAT 0270/09/CEA
Appeal against finding that the claimant had been unfairly dismissed for gross misconduct after allegations that she had improperly assisted a friend to obtain employment at the hospital. The matter was returned to the ET for a rehearing.
- cases
28/04/2010 11:31
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Yusuf Dogan v London Borough of Greenwich UKEAT 0525 09
Appeal against decision that the claimant had been fairly dismissed. Following an investigation the claimant was dismissed, an internal appeal arranged 6 months after the dismissal. The claimant refused to attend the appeal hearing, saying that the unreasonable delay already rendered his dismissal automatically unfair. Whilst the ET ruled that the delay was unreasonable the statutory dispute procedure had been completed, albeit without the claimant being present at the hearing. The EAT upheld the ET's decision.
- cases
18/04/2010 13:09
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Ward v Ashkenazi UKEAT/0416/09/JOJ & UKEAT/0417/09/JOJ
Appeal by employee against the compensation award made after a finding of unfair dismissal. Appeal succeeded in part.
- cases
18/04/2010 13:07
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Langston v Department for Business Enterprise & Regulatory Reform UKEAT/0534/09/ZT
Appeal against 100% reduction in basic and compensatory awards after claim of unfair dismissal was upheld. Appeal allowed and matter was remitted to a different Tribunal.
- cases
18/04/2010 13:04
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Launahurst v Larner [2010] EWCA Civ 334
Appeal against a ruling by the ET, and upheld by the EAT, that the claimant was an employee of the respondent and the ET thus had jurisdiction to hear a claim against unfair dismissal. Appeal succeeded and the claim for unfair dismissal was dismissed.
- cases
16/04/2010 14:22
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Sarkar v West London Mental Health NHS Trust [2010] EWCA Civ 289
This is an appeal in relation to unfair dismissal. The hearing at the ET held that the claimant’s dismissal was unfair because it broke the bounds of reasonable responses. The EAT overturned this ruling and instead of remitting the matter to the same or different Tribunal, substituted their finding that the claimant was not unfairly dismissed. The appeal against this ruling was allowed, the judgment of the ET was restored and the matter was directed to proceed to a remedies hearing.
- cases
01/04/2010 17:59
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Samuel Smith Old Bewery (Tadcaster) Ltd v Marshall & Anor UKEAT/0488/09/ZT
Appeal against a finding by the ET that the claimants were unfairly dismissed: the employer had acted outside the range of reasonable responses in proceeding with a disciplinary hearing before holding a grievance appeal, where the grievance related to the subject matter of the disciplinary hearing. Appeal succeeded and the EAT substituted their decision, holding that the dismissals were fair.
- cases
31/03/2010 14:31
