Ms A Bjornsdottir v Mr B Chervenkov and Teana London Ltd: 2302127/2022
EMPLOYMENT TRIBUNALS
Case No 2302127/2022
Between
Ms A BjornsdottirClaimant1 Mr B Chervenkov 2 Teana London LimitedRespondent
Before
Employment Judge HeathDate 8 November 2024
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]Any claim for unfair dismissal wrongly coded by the tribunal in administrative error is dismissed.[2]The claims set out below succeed and the remedy to which the claimant is entitled will be determined at a Remedy Hearing:a. Race related harassmentb. Age related harassmentc. Sex related harassmentd. Victimisatione. Unpaid annual leavef. Unlawul deduction from wagesg. Failure to provide statement of initial employment particularsh. Wrongful dismissal. Employment Judge Heath Date: 10 August 2023 Case No: 2302127/2022 EMPLOYMENT TRIBUNALS Claimant: Mrs A Bjornsdottir Respondent (2): Teana London Limited Heard at: London South Employment Tribunal, Croydon (by video) On: 8 November 2024 Before: Employment Judge Abbott (sitting alone) Representation Claimant: representing herself Respondent (2): no appearance[1]The claimant is a “worker” of the second respondent for the purposes of section 230 Employment Rights Act 1996.[2]The claimant is not an “employee” of the second respondent for the purposes of section 230 Employment Rights Act 1996. Pursuant to Rule 21 of the Employment Tribunals Rules of Procedure 2013[3]The second respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim in accordance with rule 21 of the Rules of Procedure.[4]The second respondent has failed to pay the claimant’s holiday entitlement and must pay the claimant £1,791.04 (equating to 16 days’ pay1).[5]The second respondent failed in its duty under section 1(1) Employment Rights Act 1996 and, pursuant to section 38(3) Employment Act 2002, must pay the claimant £2,238.80 (equating to 4 weeks’ pay2).[6]The second respondent must pay the claimant £4,029.84 in total.[7]The claim for breach of contract in respect of notice pay fails, as the claimant[1]One days’ pay being calculated as £111.94 based on an average of 7.46 hours worked per day at £15 per hour across the invoices submitted by the claimant.[2]Calculated on the same basis as above. Case No: 2302127/2022 is not entitled to bring that claim in this Tribunal. Pursuant to Rule 52 of the Employment Tribunals Rules of Procedure 2013[8]The claims brought under the Equality Act 2010 (so far as against the second respondent) are dismissed upon withdrawal.