By Daniel Gorry on 30/05/2008 15:37
Unfair Dismissal - Constructive dismissal ET finding of fact, critical to conclusion on Constructive Dismissal, falling between evidence given by witnesses. Whether no evidence to support that finding (perversity); whether procedural unfairness in not giving parties an opportunity to make submissions on that possible finding of fact (procedural irregularity). Appeal dismissed.
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By Daniel Gorry on 30/05/2008 15:37
Practice and Procedure - Appellate jurisdiction/Reasons/Burns-Barke On hearing live evidence and submissions, no grounds were found for the exercise of discretion to extend time for the lodging of a Notice of Appeal by one day.
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By Daniel Gorry on 30/05/2008 15:36
Unlawful Deduction from Wages One week’s pay in hand. Whether paid. SSP whether the position on the facts was whether Miss Crittenden was owed one week’s SSP. Appeal allowed in part.
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By Daniel Gorry on 30/05/2008 14:35
Unfair Dismissal - Compensation Automatically unfair dismissal; section 98A(1) ERA. Application of Polkey deduction to whole of compensatory award. 100 per cent deduction; therefore no uplift under section 31(3) EA 2002.
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By Daniel Gorry on 30/05/2008 14:31
Transfer of Undertakings Where, in connection with a transfer, the transferee directs the transferor to dismiss an employee in the claim that she had previously taken the transferee to an Employment Tribunal, the employee has a claim under s104 of the Employment Rights Act 1996 against the transferee.
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By Daniel Gorry on 29/05/2008 15:33
Practice and Procedure - Striking-out/dismissal The Chairman struck out the Claimant’s claims of victimisation without formally hearing evidence. He was entitled to do so on the facts.
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By Daniel Gorry on 28/05/2008 15:38
Jurisdictional Points - Extension of time: just and equitable The Appellant claimed constructive unfair dismissal and race and sex discrimination. At a PHR the Tribunal struck out the race discrimination claim on the basis that it was not just and equitable to extend time and ordered payment of £300 deposit on each of the other 2 claims. On appeal, held: 1) as to race discrimination the Tribunal erred in law (a) in considering only one of the complaints made by the Appel ...
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By Daniel Gorry on 28/05/2008 15:30
Practice and Procedure - Striking-out/dismissal This was an appeal against the striking out of a claim by virtue of the Claimant's scandalous and unreasonable conduct. The appeal against the strike out order succeed. The EAT held that a more proportionate response would have to debar the Claimant from amending his claim in any way to allege the relevance of any cash only transactions or any documentation supporting an allegation of cash only transactions and that the Claimant and/or his solici ...
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By Daniel Gorry on 23/05/2008 13:57
Practice and Procedure - Appellate jurisdiction/Reasons/Burns-Barke This is an appeal regarding a dismissal on the grounds of misconduct. The ET made a finding of fair dismissal and the appeal was to determine whether that finding was perverse and whether ET reasons were Meek-compliant. Also, whether the ET entitled to find that employer has reasonable grounds for his belief in misconduct alleged. Appeal dismissed.
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By Daniel Gorry on 23/05/2008 13:43
Practice and Procedure - Case Management The Claimant had a 10-year history of unsuccessful litigation against the Respondent. When the Claimant was struck off the medical register in 2006 as the respondent says for not paying his dues, and is the claimant contends victimisation, the procedural judge did not err in restricting the evidentiary or background material to 2005 onwards, so confining the case to two not 15 days.
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