Cases - Employment Appeal Tribunal
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Woodhouse School v Webster - employment tribunal was entitled to reach its conclusion, and not obliged to let parties comment on its potential findings first - EAT 24.4.08
03/06/08
Mr Webster resigned from Woodhouse School and claimed constructive unfair dismissal.
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Berkshire Linen Services Ltd v Crittenden - employment judge erred in that it was SSP payments, not wages, that were unlawfully witheld - EAT 24.4.08
03/06/08
Miss Crittenden succeeded in an employment tribunal claim for unpaid wages.
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Hope v Jordan Engineering - if there is no compensatory award there can be no uplift for failing to follow statutory dismissal procedures - EAT 1.5.08
03/06/08
Jordan Engineering made Ms Hope redundant. An employment tribunal found that her dismissal had been both procedurally and substantively fair in all the circumstances, but since she had not been given a right of appeal there was a failure to follow statutory procedures, which made the dismissal automatically unfair.
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City of Edinburgh Council v Wood - tribunal substituted its own view rather than considering range of reasonable responses - EAT 2.5.08
03/06/08
After a period of dissatisfaction when he had put in a grievance, Mr Wood was disciplined for gross misconduct in the form of abusive comments and, as a penalty, moved to work at a different establishment.
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Croke v Leeds City Council - employment judge was fully entitled to strike out claim at Pre-Hearing Review without hearing evidence - EAT 29.5.08
02/06/08
Mr Croke alleged race, sex and disabilty discrimination and victimisation.
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Walton Centre for Neurology and Neurosurgery NHS Trust v Bewdley - equal pay claim for a period before comparator was appointed cannot rely on successor as a comparator; that would be too hypothetical - EAT 23.5.08
29/05/08
Ms Bewdley brought a claim for equal pay. An employment tribunal held that she was entitled to compare herself with males employed contemporaneously with her.
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Perry's Motor Sales Ltd (1) Perry's Burnley Ltd (2) v Lindley - TUPE: who to sue?
03/06/08
A claim lies against a TUPE transferee where the transferor dismisses an employee on instructions from the transferee given because the employee had previously made claims against the transferee.
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Akyeampong v (1) Barclays Bank Plc (2) Chagger (3) Stew - refusal of extension of time to appeal to the Employment Appeal Tribunal - EAT 2.4.08
03/06/08
The Registrar of the EAT refused to allow Mr Akyeampong a one day extension of time to lodge an appeal (against a strike-out by an employment judge).
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Capita Health Solutions v (1) British Broadcasting Corporation (2) McLean - if employment continued after TUPE transfer there cannot have been a valid objection, under TUPE, to that transfer - EAT 1.5.08
03/06/08
BBC transferred its occupational health (OH) department to Capita as of 1 April 2006.
