Case 2301566/2023 · Employment Tribunal
Mr. K Bruecker v Smart Medical Clinics Ltd (Respondent 1/R1) Mr. Martin Dace (Respondent 2/R2) Ms. Monika Mordel (Respondent 3/R3) Ms. Sylvia Nieciecka (Respondent 4/R4) Mr. Michael Spira (Respondent 5/R5) Mr. Mike Parker (Respondent 6/R6) — 2024
- Case reference
- 2301566/2023
- Decision date
- 12 December 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Cawthray
- Panel members
- Ms C Beckett, Mr K Lannaman
Parties
2 namedKey findings
Tribunal's reasoningThe Claimant, Mr K Bruecker, brought multiple complaints against his former employer Smart Medical Clinics Ltd and five individual respondents who were its employees or officers. Following a hearing before Employment Judge Cawthray sitting with Ms C Beckett and Mr K Lannaman across June, September and November 2024, the Tribunal dismissed the complaints of direct sex discrimination, victimisation, detriment for making a protected disclosure, automatically unfair dismissal and breach of contract in relation to notice pay, finding none of them well-founded.
The Tribunal upheld two complaints against the First Respondent only. It found that the First Respondent had failed to pay the Claimant for five days of accrued but untaken holiday on termination, contrary to regulations 14(2) and/or 16(1) of the Working Time Regulations 1998, and ordered payment of £2,633.75 gross. The Tribunal also found that the First Respondent had made an unauthorised deduction from the Claimant's wages by failing to pay him for four working days between 15 and 21 March 2023, and ordered payment of £2,107.00 gross.