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Wardle v Credit Agricole Corporate and Investment Bank (Known As Calyon UK): EAT 14 Jul 2010

EAT RACE DISCRIMINATIONOther lossesSTATUTORY DISCIPLINE AND GRIEVANCE PROCEDURESImpact on compensationThe Employment Tribunal decided that the employee had been unfairly dismissed because he had complained of an earlier act of race discrimination and had been dismissed in breach of the standard dismissal and disciplinary procedure. The Employment Tribunal was found to have erred in a number … Continue reading Wardle v Credit Agricole Corporate and Investment Bank (Known As Calyon UK): EAT 14 Jul 2010

Wardle v Credit Agricole Corporate and Investment Bank: CA 11 May 2011

The claimant had been found to have been unlawfully dismissed and to have suffered nationality discrimination. Each party appealed against aspects of the compensatory award including the application of the statutory uplift, and the calculation of future losses. The claimant had found alternative lucrative employment which was found to be likely to improve his career … Continue reading Wardle v Credit Agricole Corporate and Investment Bank: CA 11 May 2011

Compass Group UK and Another (T/A Eurest) v Okoro: EAT 18 May 2009

EAT STATUTORY DISCIPLINE AND GRIEVANCE PROCEDURES Whether infringed UNFAIR DISMISSAL Reasonableness of dismissal The Tribunal erred in law in finding that the Appellant had not complied with the requirements of step 2 of the Standard Dismissal and Disciplinary Procedure (Schedule 3 to the Employment Act 2002). Finding of automatic unfair dismissal, and consequential increase in … Continue reading Compass Group UK and Another (T/A Eurest) v Okoro: EAT 18 May 2009

Drewett v Penfold: EAT 7 Dec 2009

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

Wacha v Lewis and Another: EAT 26 Jan 2010

EAT STATUTORY DISCIPLINE AND GRIEVANCE PROCEDURESWhether InfringedImpact on CompensationEmployment Tribunal erred in law in finding Claimant had complied with the statutory appeal procedure under the Employment Act 2002 but the Respondent employer was not required to make an increase in compensation under s.31(3). The Tribunal made no reference to s31(4) and it was completely unclear … Continue reading Wacha v Lewis and Another: EAT 26 Jan 2010

McKindless Group v McLaughlin: EAT 2 Apr 2008

EAT Unfair Dismissal: Automatically unfair reasons / Compensation Automatically unfair dismissal. Uplift under section 31 of the Employment Act 2002. Whether or not reference/remit appropriate. Judges: Lady Smith Citations: [2008] UKEAT 0010 – 08 – 0204, [2008] IRLR 678 Links: Bailii Statutes: Employment Act 2002 31 Cited by: Cited – Drewett v Penfold EAT 7-Dec-2009 … Continue reading McKindless Group v McLaughlin: EAT 2 Apr 2008

Bainbridge and others v Redcar and Cleveland Borough Council: EAT 23 Mar 2007

EAT Practice and Procedure – CompromiseEqual Pay Act – Work rated equivalent; Damages/Compensation This case raises three issues, two of which are of particular significance in the field of equal pay.Do employees whose jobs are rated as equivalent under a job evaluation scheme have the right to seek compensation going back up to six years … Continue reading Bainbridge and others v Redcar and Cleveland Borough Council: EAT 23 Mar 2007

Commercial Motors (Wales) Ltd v Howley: EAT 24 Feb 2012

cm_howleyEAT2012 EAT Transfer of Undertakings : Consultation and Other InformationTUPE – date of transfer – Entitlement and calculation of payment for failure to consult and to comply with statutory regime.Polkey deduction – approach1. Claimant dismissed on 3 February 2009 but completion of sale by Claimant’s employer only occurred in March 2009. Was there an effective … Continue reading Commercial Motors (Wales) Ltd v Howley: EAT 24 Feb 2012