EAT UNFAIR DISMISSAL – Exclusions including worker/jurisdiction One year’s continuous employment completed on employer’s first notice of dismissal but not on second notice. Second notice prevails; see Stapp; M-Choice. Employer’s appeal allowed; Employment Tribunal had no jurisdiction to consider Claimant’s unfair dismissal claim. Judges: Peter Clark J Citations: [2012] UKEAT 0455 – 11 – 0902 … Continue reading Parker Rhodes Hickmotts Solicitors v Harvey: EAT 9 Feb 2012

EAT UNFAIR DISMISSAL – Contributory fault Employment Tribunal’s finding that Claimant contributed to her own dismissal to the extent of 80% upheld on appeal. Judges: Lady Smith J Citations: [2012] UKEAT 0037 – 11 – 2401 Links: Bailii Jurisdiction: England and Wales Employment Updated: 04 October 2022; Ref: scu.451167

EAT PRACTICE AND PROCEDURE – CostsWasted costs – Claim brought under contingency fee arrangements under which solicitors would not represent client at hearing but would require to be put in funds to instruct counsel – Claimant unable and unwilling, as should have been apparent if he had been properly advised, to engage counsel if claim … Continue reading Godfrey Morgan Solicitors Ltd v Cobalt Systems Ltd: EAT 31 Aug 2011

EAT JURISDICTIONAL POINTS – Fraud and illegalityContract of employment – illegality in performance.An employee who knows that his assertion to be self employed is unsustainable and yet claims to the Revenue to be self employed misrepresents his own understanding of the position and acts in bad faith; it is contrary to public policy to lend … Continue reading Connolly v Whitestone Solicitors: EAT 24 Jun 2011

EAT UNFAIR DISMISSAL – Constructive dismissalPRACTICE AND PROCEDURE – PerversityFinding of fact contrary to agreed evidence leading to Employment Tribunal preferring Claimant’s evidence to that of Respondent on central factual issue on which finding of constructive unfair dismissal.Applying Piggott v Jackson, per Lord Donaldson MR, [1992] ICR 85, 92D, appeal allowed and case remitted to … Continue reading Symonds (T/A Symonds Solicitors) v Redmond-Ord: EAT 10 Jun 2011

Citations: [2004] EWCA Civ 452 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Konarzewska v Laurie Moran Arthur (Solicitors) EAT 7-Aug-2003 . . Lists of cited by and citing cases may be incomplete. Employment Updated: 11 September 2022; Ref: scu.196079

EAT UNFAIR DISMISSALCompensationPolkey deductionThe Claimant was unfairly dismissed on 8 November 2006. The Employment Tribunal found she would have been fairly dismissed or resigned on 16 January 2007 and awarded compensation for economic loss up to then but not thereafter. The EAT upheld this award for even if the manner of the dismissal made the … Continue reading Davidson-Hogg v Davis Gregory Solicitors and Another: EAT 15 Nov 2010

EAT UNFAIR DISMISSAL – Constructive dismissal PRACTICE AND PROCEDURE – Costs The Employment Tribunal did not err in finding the conduct of the Respondent breached the implied term of trust and the Claimant resigned for that reason. The employment status of the Claimant was not an issue at the Employment Tribunal and could not be … Continue reading Dickins (T/A Chris Dickins Solicitors) v Virdee: EAT 16 Sep 2010

EAT UNFAIR DISMISSAL – Reasonableness of dismissalREDUNDANCY – FairnessUnfair dismissal – selection criteria for redundancy – whether criteria fair and whether employer applied those criteria fairly. Judges: Keith J Citations: [2010] UKEAT 0145 – 10 – 1407 Links: Bailii Employment Updated: 25 August 2022; Ref: scu.425012

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 PRACTICE AND PROCEDURE – Preliminary issues Employer entitled to counterclaim under Article 4 Employment Tribunals (Extension of Jurisdiction) England and Wales Order 1994 when a bankrupt Claimant makes a claim for damages under s3(2) Employment Act 1996 whether or not claim is a nullity because Claimant has not obtained permission of the official receiver … Continue reading Simpson v Wm A Merrick (Formerly T/A W A Merrick and Co Solicitors): EAT 7 May 2010

EAT UNFAIR DISMISSAL – Reasonableness of dismissal PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity In this unfair dismissal claim, the Employment Tribunal did not err in its approach to the Claimant’s claim that the Respondent failed to deal with her grievance and so broke the implied term. As a matter of fact the … Continue reading Scott v Matthew Arnold and Baldwin Solicitors: EAT 19 May 2010

EAT TRANSFER OF UNDERTAKINGS: Service Provision Change When the NMC after competitive tender gave a new contract for future solicitors’ regulatory services to Capsticks, and none of the work in progress was handed over by Ward Hadaway, and no employee transferred, there was no service provision change under new TUPE 2006. Employment Tribunal Judgment upheld. … Continue reading Ward Hadaway Solicitors v Love and Others (Rev 1): EAT 25 Mar 2010