Mrs K Cairns v The Wellness Zone Ltd T/a Klnik: 2414495/2021

EMPLOYMENT TRIBUNALS

Case No 2414495/2021

Between

Mrs K CairnsClaimant

The Wellness Zone Ltd T/a KlnikRespondent

Before

Judge Brian Doyle

Ms Adele Akers (instructed by Counsel) for claimant

Date 8 February 2023

JUDGMENT

[1]The claimant was not dismissed or constructively dismissed by the respondent. Her claim of unfair dismissal is thus not well-founded. The claim is dismissed.

[2]The respondent’s application for written reasons is granted. Written reasons will be provided as soon as possible.

[3]The respondent applies for costs. A written application for costs and a schedule of costs shall be presented to the claimant and the Tribunal within 14 days of the receipt of the written reasons. The parties may then apply for a costs hearing. ________________________________ Judge Brian Doyle DATE: 8 February 2023

REASONS

[1]This is the final hearing of the claim of the claimant. Mrs Kimberley Cairns, against the respondent, The Wellness Zone Ltd t/a Klnik. The sole remaining complaint to be determined is one of alleged constructive unfair dismissal contrary to sections 94, 95(1)(c) and 98 of the Employment Rights Act 1996.

[2]References in square brackets below are to the pages of the electronic hearing bundle.

[3]The claimant’s employment with the respondent ended with her resignation effective on 12 July 2021. Acas early conciliation started on 12 July 2021 and ended on 23 August 2021 [6]. The claimant’s ET1 claim was presented to the Tribunal on 12 November 2021 [7-17]. At that time, it contained complaints of unfair dismissal, disability discrimination, whistleblowing detriment/dismissal and claims for a redundancy payment, notice pay and holiday pay. Particulars of the claim were set out at [18-19]. Case No: 2414495/2021 2

[4]The respondent’s ET3 response was presented on 22 December 2021 [20-24]. The original grounds of resistance can be seen, with present amendments highlighted, at [25-37]. The response was accepted by the Tribunal by undated letter on 14 January 2022 [38].

[5]A case management hearing took place by telephone on 4 May 2022 before