The claimant had been awarded damages for unfair constructive dismissal. The employer appealed an award of damages for the period prior to the acceptance by the employee of the repudiatory breach. Held: Where a claimant’s losses arose before the dismissal actually occurred, she might have a separate claim for damages, but that claim was only … Continue reading GAB Robins (UK) Ltd v Triggs: CA 30 Jan 2008

The claimant succeeded in her claim for unfair dismissal, but now appealed against the reversal of the decision by the EAT. She had been dismissed for incapability to which she had contributed by her conduct. She had refused a move to another bank of the branch which would upset her child care arrangements. She was … Continue reading McAdie v Royal Bank of Scotland: CA 31 Jul 2007

EAT STATUTORY DISCIPLINE AND GRIEVANCE PROCEDURES:IMPACT ON COMPENSATIONThe Employment Tribunal took an irrelevant consideration into account when making an uplift under s31(3) of the Employment Rights Act 2002 and reducing a basic award under s112(5) of the Employment Rights Act 1996 when it took account of the death of the employer’s wife two years before … Continue reading Drewett v Penfold: EAT 7 Dec 2009

EAT UNFAIR DISMISSAL – Reinstatement/Re-engagement Fingerprint officer found to have been unfairly dismissed. Tribunal ordered reinstatement to role of non-court going fingerprint officer. Appeal against order for reinstatement upheld and case remitted to a freshly constituted Tribunal to consider remedy including whether or not the dismissal was caused or contributed to by any action of … Continue reading Scottish Police Services Authority v McBride: EAT 30 Oct 2009

EAT Tribunal found claimant, a security guard, to have been unfairly dismissed where he was dismissed for misconduct consisting of (a) writing a letter to respondents in which he unjustifiably alleged impropriety and dishonesty on the part of a director and (b) failing to follow reasonable instructions to attend for work at a new site. … Continue reading Securitay Ltd v Webster: EAT 18 Aug 2009

EAT UNFAIR DISMISSAL: CompensationIn accordance with Employment Rights Act 1996 Section 123(7) the excess of an enhanced redundancy payment over the amount of a basic award reduces the compensatory award arrived at in accordance with Section 123(1).The Employment Tribunal erred in deducting an enhanced redundancy payment twice. Once from loss of entitlement or potential entitlement … Continue reading MacCulloch v Imperial Chemical Industries Ltd: EAT 25 Nov 2009

EAT UNFAIR DISMISSALS.98A(2) ERAPolkey deductionContributory faultThe Employment Tribunal erred when if found procedural defects in the investigation by the Respondent of the allegations of the Claimant’s misconduct. In any event it ought to have allowed evidence and considered Employment Rights Act 1996 s 98A(2).It wrongly awarded compensation beyond the 6 weeks it found it would … Continue reading Salford Royal NHS Foundation Trust v Roldan: EAT 2 Sep 2009

EAT 1. The employee put forward travel expenses claims for journeys for the purposes of his work but in his own car. On investigation the employers concluded that the details were false and the total claims exaggerated. The employee said that the details were false but the totals were correct. He was dismissed for gross … Continue reading Zimmer Ltd v Brezan: EAT 3 Apr 2009

EAT DISABILITY DISCRIMINATIONReasonable adjustmentsDisability related discriminationCompensationPRACTICE AND PROCEDURECase managementAppeal against Employment Tribunal’s finding of disability discrimination (reasonable adjustments) and disability related discrimination (dismissal). In circumstances where the two findings were inextricably linked the Employment Tribunal’s failure to construct the Malcolm comparator in relation to the latter claim made no difference to their determination on the … Continue reading Fareham College Corporation v Walters: EAT 14 May 2009

EAT UNFAIR DISMISSAL: Compensation; Polkey Deduction Whether a nil award of compensation under section 123(1) of the ERA 1996 could have been made without misdirection as to the correct approach to the section? The fact that a third party had withdrawn a licence for the employee to be on its premises under the erroneous impression … Continue reading Saunders v OCS Group Ltd: EAT 28 May 2009

EAT PRACTICE AND PROCEDURE: PerversityUNFAIR DISMISSAL: CompensationThe judgment of the Employment Tribunal was not perverse notwithstanding the fact that two out of the three reasons advanced by the Employment Tribunal for regarding the evidence of the managing director of the first appellant as not reliable were unsound. The third reason was supported by evidence.There was … Continue reading Sumukan (UK) Ltd and Others v Raghavan: EAT 19 May 2009

EAT UNFAIR DISMISSAL: Reasonableness of dismissalJURISDICTIONAL POINTS: 2002 Act and pre-action requiments The Employment Tribunal conflated the requirements placed on employers under Part 1 of Schedule 2 of the Employment Act 2002 with the duty to conduct a fair and proper disciplinary process. The statute placed minimum requirements only on employers; the sanction for failure … Continue reading Johns v ISS Mediclean Ltd: EAT 27 Jan 2009

EAT PRACTICE AND PROCEDURE: Time for appealingThe Respondent who did not lodge a response in time was the subject of a default Judgment. He did not appear on his application for a Review. He did not appeal the substantive order against him. His appeal against a further review was four days out of time and … Continue reading Cooper (T/A S and J Transport) v Green: EAT 11 Mar 2009

EAT UNFAIR DISMISSAL: Constructive dismissal The Employment Tribunal did not approach the question of constructive unfair dismissal in a last straw case by reference to the steps in Omilaju. To take an analytic approach and ask of each event whether the Claimant had proved a breach or fundamental breach of contract was an error. Appeal … Continue reading Muschett v Parkwood Healthcare: EAT 16 Mar 2009

The appellant had employed the three claimants in his medical surgery, but they claimed automatic unfair dismissal when the practice closed on his suspension from practice and the statutory procedures were followed but not to the procedural standard, alleging unreasonable delay in the appeals. Held: The employer’s appeal succeeded. The employees’ appeals failed. There was … Continue reading Selvarajan v Wilmot and others: CA 23 Jul 2008

EAT UNFAIR DISMISSAL: CompensationVICTIMISATION DISCRIMINATION: WhistleblowingThe Claimant was dismissed from his post as the respondent’s Finance Director by its Chief Executive. The Claimant brought a number of claims including one for unfair dismissal which was based on the allegation that the principle reason for his dismissal was the fact that he had made protected disclosures. … Continue reading Aryeetey v Tuntum Housing Association: EAT 8 Apr 2009

The reason adduced by the union for the dismissal of the climant was found by the Tribunal on the facts not to be the true reason for dismissal, the true reason being the union executive committee’s political antipathy to Mr Brady. Held: It was highly arguable that a finding that disciplinary proceedings had been commenced … Continue reading Associated Society of Locomotive Engineers and Firemen v Brady: EAT 31 Mar 2006

A party wishing to complain about a member of the employment tribunal should make his complaint to that tribunal rather than at the EAT. The Polkey principle must be considered by the Tribunal in assessing compensation for unfair dismissal even though it was not raised by the parties before them. Judges: Tucker J Citations: [1992] … Continue reading Red Bank Manufacturing Co Ltd v Meadows: EAT 1992