Mr R Adamowicz v The Polish Bakery Ltd: 3330776/2018
JUDGMENT
[1]The Judgment of the tribunal is that:1.1 The respondent concedes that the claimant was an employee.1.2 The claimant was not automatically unfairly dismissed pursuant to section 104 of the Employment Rights Act 1996, for having asserted a statutory right.1.3 The claimant was not constructively dismissed when he tendered his resignation on 26 January 2018, giving one weeks’ notice.1.4 On the claimant terminating the employment relationship, the claimant was not then entitled to notice of termination from the respondent. The respondent has not, in breach of contract, failed to make the claimant a payment in lieu notice.1.5 The claimant’s claim for an award pursuant to section 38 of the Employment Act 2002, is dismissed on withdrawal by the claimant.[2]The claimant’s claims, save for being an employee of the respondent, are accordingly dismissed. Case Number: 3330776/2018