Employment Cases Update

Items with the keyword protected_disclosure

Timis & Anor v Osipov & Anor [2018] EWCA Civ 2321Appeal against a ruling that the 2 Appellants were liable to pay, personally, compensation totalling over £2m to the unfairly dismissed Claimant. Appeal dismissed.(22/11/2018) • case • CPD: 0/0 mins
Whistleblowing - Case Round-Up: September 2018In this month's case round-up, Mark Shulman, consultant solicitor with Keystone Law, looks at recent cases on what constitutes a qualifying disclosure, the causative link between detriments and protected disclosures and how ETs should approach applications for interim relief. (07/09/2018) • case • CPD: 0/0 mins
Saad v Southampton University Hospitals NHS Trust UKEAT/0276/17/JOJAppeal against the dismissal of the Claimant's claim of victimisation. Appeal allowed and the dismissal of his claim was set aside.(23/08/2018) • case • CPD: 0/0 mins
Kilraine v Lion Academy Trust UKEAT/0194/17/BAAppeal against a finding that the Claimant, who was on a fixed term contract, was not dismissed for making protected disclosures. The Claimant also appealed against the amount of damages awarded after a finding that the Respondent had not given her the requisite amount of notice and the Respondent cross-appealed against this decision. Appeal dismissed and cross-appeal allowed.(09/07/2018) • case • CPD: 0/0 mins
Kilraine v London Borough of Wandsworth [2018] EWCA Civ 1436 Appeal against the dismissal of the Claimant's appeal at the EAT where she claimed that she had been unfairly dismissed on the grounds of making protected disclosures. Appeal dismissed.(26/06/2018) • case • CPD: 0/0 mins
Patel v Surrey County Council UKEAT/0178/16/LA; Metcalf v Surrey County Council UKEAT/0179/16/LAAppeal against the dismissal, by a majority in respect of some of these, of the Claimants' claims of whistleblowing detriment and unfair dismissal. Appeal allowed.(13/03/2018) • case • CPD: 0/0 mins
His Highness Sheikh Khalid Bin Saqr Al Qasimi v Robinson UKEAT/0283/17/JOJAppeal against an order granting the Claimant interim relief until the determination or settlement of the Claimant’s complaint of unfair dismissal. Appeal allowed in part.(19/02/2018) • case • CPD: 0/0 mins
Malik v Cenkos Securities Plc UKEAT/0100/17/RNAppeal against a decision dismissing the Claimant's claims that he had suffered detriments and had been constructively dismissed on the grounds that he had made protected disclosures, and also dismissing his claim of victimisation on the grounds of race and/or religion. Subsidiary appeal against a decision refusing an application to introduce new evidence by way of a reconsideration application. Appeal dismissed.(08/02/2018) • case • CPD: 0/0 mins
Bamieh v Eulex Kosovo & Ors UKEAT/0268/16/RNAppeal against a finding that there was no jurisdiction to hear any of the Claimant’s claims against the Respondents other than the FCO and all other claims were struck out. Save for the conclusion that the Employment Tribunal has no territorial jurisdiction in relation to whistleblowing detriment complaints, all grounds of appeal failed and were dismissed.(19/01/2018) • case • CPD: 0/0 mins
Gilham v Ministry of Justice [2017] EWCA Civ 2220Appeal against the dismissal of a District Judge's claim under Part IVA of the Employment Rights Act 1996 claiming that she had been subjected to various detriments contrary to section 47B of the Act (i.e. whistleblowing) on the basis that she was not a worker within the meaning of the 1996 Act, because she was an office-holder and not a party to a contract falling under either limb of section 230 (3). Appeal dismissed.(22/12/2017) • case • CPD: 0/0 mins

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