wrongful dismissal
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The Governing Body of Clarence High School & Nugent Care Society v Boardman [2013] EWCA Civ 198
Appeal against decisions in second ET proceedings that the claimant had been unfairly and wrongfully dismissed. Appeal allowed on unfair dismissal but dismissed regarding wrongful dismissal. A challenge to the decision to remit the matter to a fresh tribunal was also dismissed.
- cases
15/03/2013 17:13
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Pat Systems v Neilly [2012] EWHC 2609 (QB)
Application to enforce a restrictive covenant, and counterclaim for wrongful dismissal, where the employee had been summarily dismissed after handing in his resignation on the grounds that he had repudiated his contract. The claim failed as the relevant clause was found to be unenforceable and therefore the counterclaim for wrongful dismissal succeeded.
- cases
01/10/2012 10:38
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Knight v Fairway & Kenwood Car Service Ltd UKEAT/0075/12/LA
Appeal against an ET ruling that the claimant was not an employee so they could not hear his claim of wrongful dismissal. Appeal dismissed.
- cases
03/09/2012 17:15
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C.F. Capital PLC v Willoughby [2011] EWCA Civ 1115
Appeal against a decision in the EAT that overturned the ET in finding that the claimant had been dismissed and had not, as the ET found, resigned. Appeal dismissed.
- cases
14/10/2011 17:15
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Shea v Micros Fidelio UKEAT/0159/11/JOJ
Appeal against a judgment of the EJ, where the EJ decided that the claimant was not bringing an unfair dismissal claim. Appeal allowed and remitted to a 3-person Tribunal.
- cases
21/09/2011 17:13
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Computers In The City Ltd v A UKEAT/0187/11/RN
Appeal against a finding of unfair and wrongful dismissal and a failure to make a Polkey deduction. Appeal allowed in part: the wrongful dismissal and Polkey issues were remitted for re-consideration.
- cases
19/08/2011 15:28
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Lockey v East North East Homes Leeds UKEAT/0511/10/DM
Appeal against the striking out of claims of unfair dismissal and breach of contract. Appeal allowed and remitted to the Tribunal for a full hearing.
- cases
11/07/2011 08:11
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Computers in the City Ltd v Martin UKEAT/0543/10/DM
Appeal against a finding by the ET that the claimant had been wrongfully dismissed and was entitled to one month’s notice pay. Appeal allowed and remitted to the same Tribunal for further consideration.
- cases
15/05/2011 10:59
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Henderson v London Borough of Hackney & Anor [2010] EWCA Civ 1189
Renewed application for permission to appeal against decision that the claimant had been dismissed lawfully and fairly. Application granted.
- cases
05/11/2010 18:11
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Weston Recovery Services v Fisher UKEAT/0062/10/ZT
Appeal against a finding of unfair dismissal after the Tribunal concluded that, although the behaviour of the claimant could be described as misconduct, it was not gross misconduct. Therefore the employer was entitled to dismiss him with the proper notice, but not summarily dismiss him. The EAT upheld the appeal, saying that the employer had passed the Burchell test, followed a fair procedure and imposed a sanction, dismissal, which fell within the range of reasonable responses. However, they also said that the claimant had been wrongfully dismissed, so was entitled to notice pay. The award was reduced by the amount of the basic award.
- cases
20/10/2010 15:11
