Cases - Employment Appeal Tribunal
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Forthcoming cases in the EAT for week commencing 25 January 2010
25/01/10
The Cause Lists, showing cases listed for hearing during week commencing 25 January 2010, in the EAT in England & Wales and Scotland
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Henderson v (1) LB of Hackney (2) Governing Body of Haggerston School (3) The Learning Trust - breach of human rights by dismissal was justified
13/07/09
Where Human Rights are engaged in an unfair dismissal claim, the question to be answered is whether the interference with the right by dismissal is justified - namely is it proportionate as a means of achieveing a legitimate aim?
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Age Concern Newcastle-upon-Tyne v Brady - tribunal did not decide case on different basis to that put forward
23/10/09
A tribunal cannot decide a case on a different basis to that put forward by a claimant: however, in this "Health & Safety/pregnancy" case the tribunal did not do this.
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Chief Constable of Avon & Somerset Constabulary v Dolan - tribunal has no power to re-open matters not within EAT's remission
17/11/09
If matters are remitted to an employment tribunal by the EAT, that tribunal has no jurisdiction, at the rehearing, to consider any issues outside those in the notice of remission.
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Forson v Governing Body of Harwich School & Others - no error in applying narrower test of "was treatment was on grounds of his race?"
02/12/09
A tribunal can correctly determine that the question, in a claim of direct discrimination, is whether alleged treatment of a claimant was "on grounds of his race", where no indication is given of a claim based on wider "grounds of race".
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Franco v Bowling & Co Solicitors - employment judge wrong to curtail claim at CMD
18/12/09
At a Case Management Discussion an Employment Judge cannot effectively strike out a claim and replace it with a different one.
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Devon & Somerset Fire & Rescue Service v Tilke - constructive unfair dismissal requires employers actions to be unreasonable
25/01/10
It is a vital part of establishing constructive unfair dismissal that the employer has acted so as to destroy or seriously damage the relationship of trust and confidence without proper reason or cause.
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Peninsula Business Services Ltd v Malik - no clear finding of employment to support finding of discrimination on reasonable adjustments
26/01/10
Clear finding of contract of employment needed before the anti-discrimination provisions of DDA 1995 sec 4(2) can apply.
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Wacha v Lewis & Another - tribunal failed to explain why it did not award uplift in compensation
26/01/10
Unless there are exceptional circumstances, compensation uplift must be awarded for failure to follow statutory dismissal procedures.
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Birmingham City Council v Barker & Others - it is appropriate to have full tribunal, not judge alone, at PHR on genuine material factor defence
29/10/09
Full tribunal should normally hear PHR on genuine material factor defence in equal pay claims
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San Ling Chinese Medicine Centre v Lean Wei Ji - contract of employment was not made unenforceable by illegality
25/01/10
a contract of employment is not unenforceable as being illegal merely because changed circumstances mean a work permit could be revoked; actual revocation of the work permit would be required
