Case 2216167/2023 · Employment Tribunal
Natalia Pytel v Harrods Ltd RECORD OF A PRELIMINARY HEARING — 2024
- Case reference
- 2216167/2023
- Decision date
- 14 November 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Gidney Appearances
- Venue
- London Central
Parties
2 namedClaimant
Natalia Pytel
Key findings
Tribunal's reasoningAt a preliminary hearing on the respondent's strike-out application, the tribunal considered the claimant's Claim Form at its highest. Natalia Pytel appeared in person with a Polish interpreter. The tribunal recorded that she worked for Luxe Associates Ltd from 17 February 2023 and was assigned to its Harrods concession, but Harrods was not her employer.
The tribunal summarised an incident on 13 June 2023 involving Evie, a sales assistant from another concession, followed by complaints, counter-allegations, a meeting on 11 July 2023, and Luxe's request on 24 July 2023 that the claimant's staff card be cancelled. Luxe terminated her employment that day. The tribunal found that she had 5 months and 1 week of service with Luxe.
The ordinary unfair dismissal claim was struck out because the claimant accepted that Harrods was not her employer and she did not have two years' continuous employment, so she had no reasonable prospect of success under s94(1) and s108(1) ERA 1996. The public interest disclosure claims were also struck out because the Claim Form and evidence did not identify a qualifying disclosure, what information was disclosed, how it met s43B ERA 1996, to whom it was disclosed, or why it was protected.
The harassment point failed because the tribunal found the word 'harassment' had been used in a colloquial sense to describe bullying, not as a claim linked to any protected characteristic under s26 EqA 2010. The tribunal therefore dismissed all claims.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Claim under s98(4) ERA 1996 struck out because the respondent was not the claimant's employer and she had only 5 months and 1 week of service with Luxe, so she did not meet the two-year qualifying period. | Dismissed | — | — |
| Whistleblowing | Automatic unfair dismissal claim under s103A ERA 1996 struck out because the claimant did not identify a qualifying public interest disclosure within s43B ERA 1996. | Dismissed | — | — |
| Whistleblowing | Detriment claim under s47B ERA 1996 was dismissed on the same basis; the tribunal said no qualifying disclosure, gateway provision, or basis for protection was identified, if the claim was actually pleaded. | Dismissed | — | — |
| Harassment | Harassment claim under s26 EqA 2010 was dismissed because the claimant used 'harassment' in a colloquial sense to describe bullying and did not link the alleged conduct to any protected characteristic. | Dismissed | — | — |
Legal tests applied
11 references- Cox v Adecco Group UK & Ireland and Others
- Tayside Public Transport Co Ltd (t/a Travel Dundee) v Reilly
- North Glamorgan NHS Trust v Ezsias
- Ukegheson v London Borough of Haringey
- Anyanwu v South Bank Students' Union
- Jaffrey v Department of the Environment, Transport and the Regions
- Chandhok v Tirkey
- s94(1) ERA 1996
- s108(1) ERA 1996
- s43B ERA 1996
- s26(1)(a) EqA 2010
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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