EAT PRACTICE AND PROCEDURE Striking-out/dismissal Preliminary issues Issue as to whether Claimant was dismissed under s95(1)(a) Employment Rights Act 1996 for purpose of her unfair dismissal claim ought to be dealt with as a preliminary issue at a PHR, rather than at a full merits hearing. Plainly it should on the basis of the Respondent’s … Continue reading Wm A Merrick (Formerly T/A Wm A Merrick and Co Solicitors) v Simpson: EAT 20 Aug 2010

EAT UNFAIR DISMISSAL Dismissal/ambiguous resignation Whether Claimant dismissed under s95(1)(a) Employment Rights Act 1996. Security guard removed from site. Attempts to find alternative work. No pay in the meantime. No actual dismissal – Appeal allowed. Judges: Peter Clark J Citations: [2010] UKEAT 0067 – 10 – 0605 Links: Bailii Statutes: Employment Rights Act 1996 95(1)(a) … Continue reading Mitie Security (London) Ltd v Ibrahim: EAT 6 May 2010

EAT UNFAIR DISMISSAL: Compensation/Mitigation of loss The employee was unfairly constructively dismissed. She was entitled to a 6 month notice period that was not paid by the employees in that period, during some of which she received payments for temporary work from a different employer. The ET, applying Norton Tool and Burlo, did not give … Continue reading Stuart Peters Limited v Bell: EAT 22 Oct 2008

EAT Unfair Dismissal: Dismissal/Ambiguous Resignation – The Claimant’s case before the ET had been one of direct dismissal for the purpose of section 95(1)(a) Employment Rights Act 1996, specifically whether the contract under which the Claimant was employed had been terminated by the Respondent’s conduct in not rostering the Claimant for any work for the … Continue reading Kumbu v Primelife: EAT 13 Jul 2015

EAT Unfair Dismissal: Dismissal/Ambiguous Resignation – The Employment Tribunal had found that there had been a consensual termination of the Claimant’s contract of employment and thus no dismissal for purposes of section 95(1)(a) Employment Rights Act 1996. The Claimant appealed. Held: Dismissing the appeal. The question for the ET had been: who had really ended … Continue reading Khan v HGS Global Ltd and Another (Unfair Dismissal: Dismissal/Ambiguous Resignation): EAT 16 Nov 2015