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Ross v Eddie Stobart Ltd (Unfair Dismissal : Automatically Unfair Reasons): EAT 8 Aug 2013

EAT UNFAIR DISMISSAL – Automatically unfair reasonsBurden of proving the ‘whistleblowing’ reason for dismissal under s.103A Employment Rights Act 1996 lies on the employee who has insufficient continuous service to bring a claim of ordinary unfair dismissal. Smith v Hayle applied.However, the case was not decided by this Employment Tribunal on the burden of proof. … Continue reading Ross v Eddie Stobart Ltd (Unfair Dismissal : Automatically Unfair Reasons): EAT 8 Aug 2013

Jafri v Secretary of State for Justice and Another: EAT 20 Feb 2013

jafri_ssjEAT2013 EAT Unfair Dismissal : Reasonableness of Dismissal Unfair dismissal – attitude of third party making continued employment of employee impossible – whether tribunal considered whether employer took into account possible injustice to employee – whether errors of fact on part of tribunal undermined overall conclusion that employer had done what it could to prevent … Continue reading Jafri v Secretary of State for Justice and Another: EAT 20 Feb 2013

London Borough of Wandsworth v CRW: EAT 7 Mar 2016

EAT Race Discrimination: Direct – UNFAIR DISMISSAL – Automatically unfair reasons UNFAIR DISMISSAL – Reason for dismissal including substantial other reason Direct race discrimination – sections 13 and 136 Equality Act 2010; automatic unfair dismissal – section 103A Employment Rights Act 1996; unfair dismissal – section 98 Employment Rights Act 1996 The Claimant – a … Continue reading London Borough of Wandsworth v CRW: EAT 7 Mar 2016

Salisbury NHS Foundation Trust v Wyeth (Unfair Dismissal: Automatically Unfair Reasons): EAT 12 Jun 2015

EAT UNFAIR DISMISSAL – Automatically unfair reasons Protected disclosure – automatic unfair dismissal – section 103A Employment Rights Act 1996 Having found that the Claimant had been constructively dismissed and that the Respondent had not put forward any reason that was capable of being fair for the purposes of section 98 ERA; the Claimant’s dismissal … Continue reading Salisbury NHS Foundation Trust v Wyeth (Unfair Dismissal: Automatically Unfair Reasons): EAT 12 Jun 2015

Schaathun v Executive and Business Aviation Support Ltd (Unfair Dismissal: Automatically Unfair Reasons): EAT 30 Jun 2015

EAT UNFAIR DISMISSAL – Automatically unfair reasons The Claimant claimed that she had been automatically unfairly dismissed for making protected disclosures within the meaning of Employment Rights Act 1996 section 43. Save in respect of disclosures to HMRC, the Employment Tribunal erred in failing to make findings as to whether she had made qualifying disclosures … Continue reading Schaathun v Executive and Business Aviation Support Ltd (Unfair Dismissal: Automatically Unfair Reasons): EAT 30 Jun 2015

Hamer v Kaltz Ltd: EAT 4 Aug 2014

EAT Unfair Dismissal – Contributory fault – Polkey deduction – The Employment Tribunal found the Claimant’s dismissal to be unfair because the principal reason was that the employee made a protected disclosure (section 103A of the Employment Rights Act 1996). Initially it made a basic award of andpound;3,325 and a compensatory award of andpound;30,616. The … Continue reading Hamer v Kaltz Ltd: EAT 4 Aug 2014

Turullols v Revenue and Customs: FTTTx 9 Jul 2014

FTTTx Income tax – taxability of payments made to a ‘whistle blower’ pursuant to order for interim relief under s 129 Employment Rights Act 1996 in connection with a ‘protected disclosure’ for the purposes of s 43A and 103A ERA 96 – whether taxable under s 62 ITEPA 2003 or only taxable to the extent … Continue reading Turullols v Revenue and Customs: FTTTx 9 Jul 2014

Shergold v Fieldway Medical Centre: EAT 5 Dec 2005

The claimant had submitted a grievance complaining in general terms of the way in which she had been treated by a manager. She did not, however, refer to a particular incident relied on in her pleading as one of the two ‘last straw’ incidents that led to her resignation. The respondent contended that by reason … Continue reading Shergold v Fieldway Medical Centre: EAT 5 Dec 2005

Gray v Merrill Lynch, Pierce, Fenner and Smith Ltd: EAT 16 Mar 2016

EAT Practice and Procedure: Disclosure – Disclosure – Rule 31 of the Employment Tribunal Rules of Procedure 2013 – ET Case Management Various Orders for specific disclosure had been made by the ET as part of its case management of the Appellant’s claims of unfair dismissal (section 98 Employment Rights Act 1996 (‘ERA’)) and automatic … Continue reading Gray v Merrill Lynch, Pierce, Fenner and Smith Ltd: EAT 16 Mar 2016

Marley Tile Co Ltd v Shaw: CA 1980

The employers were a well known roofing and tiling firm, Marley Tiles . The employer sought to impose post employment restrictions including a restriction on canvassing soliciting or dealing with customers in the whole of Devon and Cornwall. Within that area the plaintiffs had 2,500 customers. The covenant against soliciting was also a covenant against … Continue reading Marley Tile Co Ltd v Shaw: CA 1980