EAT VICTIMISATION DISCRIMINATION – WhistleblowingThe Claimant was a worker seconded to the Respondent. She was dismissed in circumstances giving rise to a claim for PIDA discrimination. The ET held that as the Respondent had failed to comply with the ACAS Code she was entitled to an uplift under section 207A Trade Union and Labour Relations … Continue reading Local Government Yorkshire and Humber v Shah: EAT 19 Jun 2012
Citations: [2019] EWCA Civ 1648 Links: Bailii Statutes: Trade Union and Labour Relations (Consolidation) Act 1992 207A, Equality Act 2010 26 40 Jurisdiction: England and Wales Discrimination Updated: 07 September 2022; Ref: scu.642659
EAT Unfair Dismissal : This was an appeal on compensation for unfair constructive dismissal which was allowed in part by consent. Arguments relating to whether to apply the simplified substantial loss approach in relation to pension rights were dismissed on the facts. Furthermore the Employment Tribunal were entitled on the facts to refuse to award … Continue reading Coker v Wandsworth Borough Council: EAT 27 Jun 2014
lund_secEAT2013 EAT STATUTORY DISCIPLINE AND GRIEVANCE PROCEDURES: whether applicable.The fact that the employee was dismissed, not for a reason relating to his conduct, but for some other substantial reason of such a kind as to justify his dismissal, did not mean that the employee’s claim did not concern a matter to which the ACAS Code … Continue reading Lund v St Edmund’S School, Canterbury (Statutory Discipline and Grievance Procedures : Whether Applicable): EAT 8 May 2013
EAT UNFAIR DISMISSAL – Mitigation of lossThe Employment Tribunal failed to assess whether the steps taken by the Respondent employee were such as would have been taken by a reasonable employee.Procedural IrregularityThe Employment Tribunal awarded the maximum uplift of 25% pursuant to section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 as … Continue reading Tandem Bars Ltd v Pilloni: EAT 21 May 2012
Unfair dismissal – remedies – reinstatement, re-engagement – compensatory award – Acas uplift The Claimants were dismissed from their jobs as passenger service operatives after allegations had been made that they had bullied, harassed and intimidated new starters who were working in the same team. Having upheld the Claimants’ claims of unfair dismissal, the Employment … Continue reading Gavli and Another v LHR Airports Ltd (Unfair Dismissal Remedies – Reinstatement, Re-Engagement): EAT 19 May 2021
EAT Practice and Procedure : Appellate Jurisdiction/Reasons/Burns-Barke Costs The Employment Judge did not give Meek-compliant Reasons in respect of her decision not to uplift any part of her award under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992. The Employment Judge omitted to decide an application for costs made by the … Continue reading Duhoe v Support Services Group Ltd: EAT 13 Aug 2015
Sexual orientation discrimination – victimisation Sexual orientation discrimination – victimisation – unfair dismissal – compensation Practice and procedure – costs Having upheld the Claimant’s claims of direct sexual orientation discrimination, of harassment related to sexual orientation, of victimisation and of unfair dismissal, the Employment Tribunal (‘ET’) went on to assess compensation on a career-loss basis, … Continue reading Secretary of State for Justice v Plaistow: EAT 6 Jul 2021
EAT AGE DISCRIMINATION UNFAIR DISMISSAL – Compensation 1. The Employment Tribunal was correct to refuse to award any uplift in compensation pursuant to section 207A(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 (as amended). No disciplinary procedure was invoked in this case because, apart from the effects of his illness, the Claimant … Continue reading Holmes v Qinetiq Ltd (Age Discrimination): EAT 26 Apr 2016
