Ms Z Kowalska v D & M Bartell Ltd: 3305349/2024
JUDGMENT
[1]The Respondent’s oral application for a postponement of the final hearing is dismissed, the Tribunal being satisfied that(a) the Claimant did not consent to a postponement(b) the postponement application was not based on any act or omission of either the Claimant or the Tribunal(c) there were no exceptional circumstances potentially meriting a postponement.[2]The Respondent’s oral application for permission to rely at the final hearing on documents it emailed the Tribunal at 09:36 this morning, without sending the Claimant a copy of any of those documents, is dismissed.[3]The Claimant’s claim under s.104 of the Employment Rights Act 1996 is not well founded and is dismissed. The Respondent dismissed the Claimant for issues relating to performance, not because she alleged the Respondent had infringed her right under s.1(1) of that Act to a written statement of particulars of employment.[4]The Claimant’s claim for the return of a deposit is dismissed, the Claimant having accepted this dispute has already been resolved and the claim is no longer pursued.[5]The Claimant’s breach of contract claim (wrongful dismissal/notice pay) based on the Claimant’s summary dismissal is well founded, no payment in lieu of notice having been made. The Respondent shall pay the Claimant the sum of £367.24 (one week’s net wages).[6]The Claimant’s claim that the Respondent breached its duty under s.1(1) of the Employment Rights Act 1996 to provide a written statement of particulars of employment is well founded. The Respondent shall pay the Claimant the further sum 1 of 2 Case No: 3305349/2024 of £1,278.30 (3 weeks gross pay at £426.10/week).[7]The total sum the Respondent must pay the Claimant under paras. 5-6 above is £1,645.54. NOTE[8]Reasons for the decisions above were given orally at the final hearing. Any request for written reasons must be made within 2 weeks of receipt of this Judgment. In default of a timely application for written reasons, written reasons will be provided only at the request of the Employment Appeal Tribunal or a competent court.[9]A copy of this judgment will be published online after it has been sent to the parties. Approved by: