By Daniel Gorry on 31/10/2006 00:00
Claim Form sufficiently raised a cause of action under s.137 TULR(C)A 1992 and should have been accepted.
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By Daniel Gorry on 27/10/2006 00:00
Contract of Employment - Definition of employee:-T
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By Daniel Gorry on 27/10/2006 00:00
The Trade Union successfully obtained a Protective Award against a company (now in administration) for breach of the obligation to consult it in relation to employees in respect of whom the Union was recognised. ET decision upheld that the protective award does not enure to the benefit of other employees in respect of whom the Trade Union is not recognised, whose representatives are also said not to have been consulted.
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By Daniel Gorry on 25/10/2006 00:00
Trade Union Rights û Dismissal
The Claimant was dismissed when his employer took the view that he had fraudulently produced documents to excuse his prolonged absence in Pakistan. The Claimant was an FOC who contended his dismissal was on account of his trade union activities. The Tribunal found that the dismissal was automatically unfair as step one of the statutory procedure had not been followed. Although not necessary for its Judgment, it went on to decide that the reason for dismissal was conduct and not trade union activ ...
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By Daniel Gorry on 20/10/2006 00:00
Employee based in Paris. Whether ERA and SDA jurisdiction excluded. SERCO SAGGERS (EAT). Challenge to ET findings of fact. No error of law shown. Appeal dismissed.
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By Daniel Gorry on 20/10/2006 00:00
Tribunal erred in failing to have proper regard to proportionality.
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By Daniel Gorry on 19/10/2006 00:00
No grounds for re-opening the judgment of Judge Clark on an earlier appeal arising out of the same order. Judge ClarkÆs judgment determinative of this appeal. Limited order for costs against Appellant.
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By Daniel Gorry on 16/10/2006 00:00
Allegations that Claimants had made unwarranted demands in original tribunal proceedings said to be victimisation.Grievance procedure heard evidence relating to without prejudice discussions to show who wa
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By Daniel Gorry on 13/10/2006 00:00
Employment Tribunal struck out case despite fairly arguable case on facts and law. Remitted for hearing at Employment Tribunal.
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By Daniel Gorry on 11/10/2006 00:00
Employer had followed statutory procedure in full as regards the decision to dismiss but had implemented a suspension without pay prior to æstep 1Æ û Tribunal held that this made the dismissal automatically unfair under s.98A û Held that that was wrong: s.98A only applies if the procedure has not been completed in relation to the dismissal itself.
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