Miss Wanda Zurawski v 1st Class Uniforms & Workwear Ltd — 2022

This was a preliminary hearing before Employment Judge H V Dieu sitting alone on 3 October 2022. The tribunal heard evidence from the claimant, her daughter Abigail Zurawski, and Mr Paul Raven for the respondent, and applied the limitation provisions in s.23 of the Employment Rights Act 1996 together with the guidance in Taylorplan Services Limited v Jackson on series deductions and the date of the last act. The issues were limited to time limits and jurisdiction; the tribunal did not determine the substantive merits of the underlying claims.

The tribunal found that the claimant's employment had not been broken and re-engaged. It accepted that the amended contract signed on 18 March 2021, which recorded a start date of 19 December 2014, was consistent with continuous employment, and it relied on the absence of a P45 and holiday pay at that point as further support. It was not persuaded by Mr Raven's evidence that those matters were simply errors.

On that basis, the tribunal held that the claims for unpaid accrued holiday pay, unlawful deduction from wages, breach of contract, detriment under reg. 4 TUPE, and failure to provide written particulars of employment were all presented in time. In relation to the TUPE-related pay reduction, the tribunal found there was no financial justification at the time advanced by the respondent, and it treated any detriment as capable of continuing until February 2022.

The claimant withdrew the claim for failure to inform and consult under TUPE and the claim for loss of pension rights. Those claims were treated as withdrawn and no merits findings were made on them.