Cases - Employment Appeal Tribunal
-
Forthcoming EAT cases for week commencing 10th May 2010
10/05/10
The Cause Lists, showing cases listed for hearing during week commencing 10th May 2010 in the EAT in England & Wales and in Scotland.
-
London Borough of Brent v Fuller - tribunal wrongly substituted its own view for that of employer
21/04/10
Yet another example of an unfair dismissal case where an employment tribunal has focussed on what it would do were it the employer, rather than focussing on whether what the employer did fell within the range of reasonable responses open to it in the circumstances - the classic case of wrongly substituting its own view for that of the employer.
-
Chancerygate Business Centre Ltd v Jenkins - judge should have postponed hearing, not simply lengthened the time it was listed for
22/04/10
Pursuant to the overriding objective, an Employment Judge should not have ordered that a hearing simply be lengthened to accommodate the fact that the case had grown, when this would cause both parties to have to change counsel at the last minute and waste costs in doing so.
-
Kotecha v Insurety PLC t/a Capital Health & Others - tribunal was entitled to refuse adjournment
07/05/10
An employment tribunal was entitled to form its own views on a claimant's fitness and ability to present his case, and refuse an application for adjournment.
-
Tucker v Partnership in Care Ltd - failure to make reasonable adjustments must be specifically claimed for a Tribunal to be able to rule on it
13/01/10
A Tribunal's job is to decide the issues put before it. It may dismiss requests to review a decision based on issues not put before it.
-
Secretary of State for Justice v Mansfield - internal proceedings were quite properly delayed while police investigation took place
24/03/10
An employer has a wide discretion in deciding whether to postpone internal disciplinary proceedings pending a police investigation into the same allegations
-
Power v Greater Manchester Police Authority - no breach of right to fair trial where respondent chooses not to call decision maker as witness
29/04/10
The ECHR Art 6 entitlement to confront one's accusers as part of a fair trial applies only to criminal proceedings, not civil proceedings such as a discrimination claim in the Employment Tribunal.
