EAT PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularityEmployment Judge wrongly purported to decide a claim of unfair dismissal when she had no jurisdiction because sitting alone – Decision revoked on review – Same Judge chairs fresh (full) Tribunal – Application that she recuse herself dismissed.Held: Judge should have recused herself – There was … Continue reading Dorbcrest Homes Ltd v Fishwick: EAT 6 Jul 2010
The Claimant was unfairly dismissed for redundancy. The Tribunal failed to order re-engagement after accepting the Respondent’s evidence that the Claimant was not the best person for an available job which he contented he could do. The Tribunal thought there was insufficient information to identify a job that he could do. The Tribunal assessed compensation … Continue reading Davies v DL Insurance Services Ltd (Redundancy): EAT 28 Jan 2020
The employee had patented in the US a trading system he invented whilst employed by the defendant, who now sought ownership. He appealed a finding that the inventions had been made during the normal course of his employment. The employment contract provided: ‘All trade secrets, inventions, written documents, and other confidential information developed or created … Continue reading Liffe Administration and Management v Pinkava and Another: CA 15 Mar 2007
Mr Nelson was employed as a producer but had in fact been engaged in the Caribbean Service of the BBC in terms of the work which he had actually been doing. The contract of employment expressly provided that he should serve wherever and however he might be required. Held: The closure of the BBC service … Continue reading Nelson v British Broadcasting Corporation: CA 1977
The respondent had made an order under the Regulations restricting all persons from dealing with the the claimant bank. The bank applied to have the order set aside. Though the defendant originally believed that the Iranian government owned 80% of the shares, the figure was 20% and soon to be reduced to 15%. It said … Continue reading Bank Mellat v HM Treasury: QBD 11 Jun 2010
chesteron_nurmohamedEAT201504 EAT VICTIMISATION DISCRIMINATION Whistleblowing Protected disclosure This appeal concerns the meaning of the words ‘in the public interest’ inserted into section 43B(1) of the Employment Rights Act 1996 by section17 of the Enterprise and Regulatory Reform Act 2013. The Respondent was Director of the Mayfair office of the First Appellant, a well-known firm of … Continue reading Chesterton Global Ltd (t/a Chestertons) and Another v Nurmohamed (Victimisation Discrimination: Whistleblowing): EAT 8 Apr 2015
The court considered the calculation of guarantee payments to be paid under the 1996 Act to employees who have been laid off or placed on short-time working because of a downturn in business. Sir Terence Etherton Ch, Kitchin, Underhill LJJ [2013] EWCA Civ 1148 Bailii Employment Rights Act 1996 England and Wales Citing: Appeal from … Continue reading Abercrombie and Others v Aga Rangemaster Ltd: CA 11 Oct 2013
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