http://www.employmentcasesupdate.co.uk/19 May 2013 10:13:07 GMTCasesAppeal against a ruling upholding the claimant’s claim of a failure by the respondent to make reasonable adjustments but dismissing his claims of disability related discrimination and unfair dismissal. Appeal dismissed.http://www.employmentcasesupdate.co.uk/site.aspx?i=ed1644519 May 2013 10:04:53 GMTCasesAppeal against an order for re-engagement after a finding of unfair dismissal. Appeal dismissed.http://www.employmentcasesupdate.co.uk/site.aspx?i=ed1644416 May 2013 16:27:49 GMTCasesAppeal against a finding of a failure to make reasonable adjustments. Appeal allowed and the claim under the Disability Discrimination Act dismissed.http://www.employmentcasesupdate.co.uk/site.aspx?i=ed1642016 May 2013 16:26:51 GMTCasesAppeal against a finding that the claimant had not been discriminated against. Cross-appeal against a finding that the claimant had been unfairly dismissed. Appeal dismissed and cross-appeal allowed and remitted to a different Tribunal to hear the unfair dismissal allegations again.http://www.employmentcasesupdate.co.uk/site.aspx?i=ed1641916 May 2013 16:25:52 GMTCasesAppeal against findings that the claimant had been subject to unlawful discrimination by way of direct discrimination, harassment and victimisation on the grounds of race and sexual orientation. Appeal dismissed in the main.http://www.employmentcasesupdate.co.uk/site.aspx?i=ed1641816 May 2013 16:24:28 GMTCasesAppeal against the decision of the EJ that the delay in raising new discrimination claims made it inequitable to amend the claimant’s claim form. Appeal allowed.http://www.employmentcasesupdate.co.uk/site.aspx?i=ed1641716 May 2013 16:23:23 GMTCasesJudgment following adjournment of a substantive appeal concerning TUPE in the light of allegations that the original ET had been tainted by bias.http://www.employmentcasesupdate.co.uk/site.aspx?i=ed1641616 May 2013 16:22:07 GMTCasesJudgment in proceedings where a former employer was seeking to enforce restrictive covenants and damages for their breach. Damages were awarded.http://www.employmentcasesupdate.co.uk/site.aspx?i=ed1641516 May 2013 16:21:04 GMTCasesAppeal against an order in favour of the claimant where the respondent had prevented or deterred him from taking part at an appropriate time in the activities of the Workers of England Trade Union. Appeal stayed.http://www.employmentcasesupdate.co.uk/site.aspx?i=ed1641416 May 2013 16:18:39 GMTCasesAppeal against a decision that the transferee organisation should not be joined as a second respondent to the claimant’s claims of unfair dismissal and race discrimination. Appeal dismissed.http://www.employmentcasesupdate.co.uk/site.aspx?i=ed1641216 May 2013 16:17:40 GMTCasesAppeal against the awards made to two claimants where the respondent had failed to comply with the regulation regarding the election of employee representatives in a TUPE transfer. Appeal allowed.http://www.employmentcasesupdate.co.uk/site.aspx?i=ed1641116 May 2013 16:15:10 GMTCasesAppeal against the level of the protective award made in favour of the claimants following their redundancies when the respondent was in danger of trading whilst insolvent. Appeal allowed.http://www.employmentcasesupdate.co.uk/site.aspx?i=ed1639516 May 2013 16:14:17 GMTCasesJudgment in proceedings where a former employer was seeking injunctions to enforce restrictive covenants. Application rejected.http://www.employmentcasesupdate.co.uk/site.aspx?i=ed1639415 May 2013 11:22:29 GMTCasesAppeal against decisions in the EAT and Court of Appeal, overturning the ET, that the claimant, a Methodist minister, was an employee. Appeal allowed by majority - Lady Hale dissenting.http://www.employmentcasesupdate.co.uk/site.aspx?i=ed1630815 May 2013 11:08:11 GMTLegislation with CPD2.5 hours worth of CPD questions covering cases published in April 2013http://www.employmentcasesupdate.co.uk/site.aspx?i=ed1629812 May 2013 15:09:24 GMTCasesAppeal against a ruling allowing an amendment to an Equal Pay claim. Appeal dismissed.http://www.employmentcasesupdate.co.uk/site.aspx?i=ed1627312 May 2013 12:57:57 GMTLegislationIn this month’s round-up, Mark Shulman consultant solicitor with Keystone Law looks at three recent unusual cases on nil unfair dismissal awards, cut-off periods for unfair dismissal compensation and pay when sick during notice.http://www.employmentcasesupdate.co.uk/site.aspx?i=ed1627210 May 2013 17:16:48 GMTCasesAppeal against the compensation and pension loss awarded after a finding of unfair dismissal. Appeal allowed and remitted to the Tribunal to assess the ACAS uplift and pension loss again.http://www.employmentcasesupdate.co.uk/site.aspx?i=ed1627010 May 2013 17:15:48 GMTCasesAppeal against a ruling at a PHR that the claimant’s claim of disability discrimination was not time barred. Appeal allowed.http://www.employmentcasesupdate.co.uk/site.aspx?i=ed1626910 May 2013 17:15:06 GMTCasesAppeals against an ET ruling in which the claimant’s complaint of race discrimination succeeded in part. Both appeals dismissed.http://www.employmentcasesupdate.co.uk/site.aspx?i=ed1626810 May 2013 17:14:17 GMTCasesEmployer’s appeal against findings of unfair dismissal and failure to make reasonable adjustments. Claimant’s appeal against a ruling which rejected her claim of discriminatory dismissal. Appeal dismissed, cross-appeal allowed.http://www.employmentcasesupdate.co.uk/site.aspx?i=ed1626707 May 2013 08:47:54 GMTCasesApplication to withdraw admission in proceedings concerning a termination payment. Dismissed.http://www.employmentcasesupdate.co.uk/site.aspx?i=ed1625307 May 2013 08:41:32 GMTCasesAppeal against a finding of unfair dismissal and against the remedy awarded. Cross-appeal against a rejection of the claimant’s s103 claim and against various aspects of the remedy decision.http://www.employmentcasesupdate.co.uk/site.aspx?i=ed1625203 May 2013 15:15:31 GMTCasesAppeal against ruling that the claimant had suffered unfair dismissal, direct discrimination and harassment and had suffered unlawful deductions as a result of not being paid the NMW. Cross-appeal against the dismissal of the claimant’s alternative case that if not direct, the discrimination had been indirect, and against the rejection of her claim of victimisation. Appeal and cross-appeal allowed in part.http://www.employmentcasesupdate.co.uk/site.aspx?i=ed1625103 May 2013 15:14:22 GMTCasesAppeal against the rulings of two EJ’s that the claimants could claim arrears of pay and holiday from the National Insurance Fund following the insolvency of their employers. Appeal allowed.http://www.employmentcasesupdate.co.uk/site.aspx?i=ed1625003 May 2013 15:13:32 GMTCasesAppeal against a finding of fair dismissal. Appeal dismissed.http://www.employmentcasesupdate.co.uk/site.aspx?i=ed1624903 May 2013 15:12:41 GMTCasesAppeal against a decision by the EJ declining to make an order striking out the respondent’s response when they had not complied with an unless order. Appeal allowed.http://www.employmentcasesupdate.co.uk/site.aspx?i=ed1624803 May 2013 15:11:33 GMTCasesAppeal against the dismissal of the claimant’s claims because they were brought out of time. Appeal dismissed.http://www.employmentcasesupdate.co.uk/site.aspx?i=ed1624703 May 2013 15:10:10 GMTCasesAppeal against a ruling that the claimant did not have the requisite 1 year continuity of employment to bring a claim of unfair dismissal. Appeal dismissed.http://www.employmentcasesupdate.co.uk/site.aspx?i=ed1624629 Apr 2013 10:57:02 GMTCasesAppeal against a finding that the claimant was not unfairly constructively dismissed. Appeal allowed.http://www.employmentcasesupdate.co.uk/site.aspx?i=ed1624529 Apr 2013 10:44:12 GMTCasesAppeal against a ruling that the claimants were entitled to a protective award because the respondent was in breach of the obligations to inform and consult under regulation 13 of TUPE. Appeal allowed.http://www.employmentcasesupdate.co.uk/site.aspx?i=ed1624429 Apr 2013 10:38:36 GMTCasesAppeal against a ruling that the claimant had suffered disability discrimination after being made redundant because the respondent’s failure to give her the chance to apply for two suitable vacancies was due to her absences. Appeal allowed.http://www.employmentcasesupdate.co.uk/site.aspx?i=ed16243