unfair dismissal
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Pinewood Repro Ltd T/A County Print v Page UKEAT/0028/10/SM
Appeal against ET decision that the claimant had been unfairly dismissed in relation to redundancy. The appeal focussed on the Tribunal’s findings that the respondent had failed to conduct adequate or effective consultation with the claimant by reason of their failure to provide him with an adequate explanation of why he had received lower scores than the two other people in the pool for redundancy, and also the Tribunal’s decision not to make a Polkey deduction. The EAT found that the conclusion the ET came to was simply that the matters relied on by the assessors to mark down the claimant were patently challengeable. On the Polkey issue they agreed with the Tribunal’s analysis there was a reasonable chance that he would not have been dismissed. Appeal dismissed.
- cases
14/10/2010 15:34
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Hammonds LLP & Ors v Mwitta UKEAT/0026/10/ZT
Appeal against decision that the claimant was discriminated against by reason of race, and that she had also been unfairly dismissed. Both appeals succeeded: the race discrimination claim was ordered to be re-heard before a different Tribunal, the unfair dismissal ruling was set aside.
- cases
05/10/2010 16:14
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D v Abercorn Care Ltd UKEATS/0044/09/BI
Appeal against ruling that the claimant was not unfairly dismissed. The claimant claimed that the respondent, by using a piece of evidence at the internal appeal without warning the claimant in advance, had not complied with the statutory dismissal procedures. The EAT agreed with the ET that there was nowhere in the statute that stipulated that any evidence which a party was intending to use at an appeal should be relayed to the other in advance. Even if there was, it was plain on the facts of the case that it was only at the appeal hearing that the respondent decided to refer to the evidence, being prompted into doing so by appeal and grievance letters that were produced by the claimant at that stage. Appeal dismissed.
- cases
05/10/2010 16:13
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Wood v Caledon Social Club Ltd (Debarred) & Anor UKEAT/0528/09/CEA
Appeal against a decision by the ET that there was no TUPE transfer in a claim of unfair dismissal because the temporary cessation of the economic entity, in this case a bar, prevented a relevant transfer. The EAT ruled that the economic entity had not ceased, it had merely been suspended until the bar re-opened, and thus there was a relevant transfer. Appeal allowed.
- cases
30/09/2010 15:05
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Royal Bank of Scotland v Chaer UKEAT/0429/09/DM
Appeal against ruling by the Tribunal that the claimant had been unfairly dismissed due to the respondent employer not carrying out a proper investigation. Appeal dismissed.
- cases
30/09/2010 15:03
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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
