unfair dismissal
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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
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Clifton v Lloyds TSB Bank Plc UKEAT/0347/09/RN
Appeal against strike out of claims of unfair dismissal, victimisation and protected disclosure. The strike out in relation to part of the unfair dismissal claim was revoked and ordered to proceed to a full hearing before the Employment Tribunal.
- cases
31/03/2010 13:25
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Annodata Ltd v Jones UKEAT/0378/09/JOJ
Appeal against finding that, having found the dismissal to be procedurally unfair, the claimant did not contribute to his own dismissal and thus neither the compensatory nor basic awards were reduced. The appeal succeeded. The EAT ruled that the matter be remitted to the same Tribunal to consider the questions of contributory fault and possible Polkey reduction.
- cases
24/03/2010 09:52
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London Waste Ltd v Scrivens UKEAT/0317/09/ZT
Appeal against finding that the claimant had been unfairly dismissed. The EAT found that the Tribunal had failed to apply the range of reasonable responses test and remitted the case back to a different Tribunal for a re-hearing.
- cases
15/03/2010 09:25
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Bebbington v Palmer T/A Sturry News UKEAT/0371/09/DM
Appeal against decision by ET that a young worker was not an employee so claims of unfair dismissal and breach of contract should be dismissed. Appeal dismissed.
- cases
11/03/2010 16:44
