Case 3200396/2021 · Employment Tribunal
Mr A Pawlowski v WT UK OPCO Limited (formerly Gracewell Healthcare 3 Limited) — 2022
- Case reference
- 3200396/2021
- Decision date
- 4 November 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Craft Members
- Panel members
- Mr S Woodhouse, Mr L Purewal
Parties
2 namedClaimant
Mr A Pawlowski
Key findings
Tribunal's reasoningThe claimant, a Polish care assistant, was summarily dismissed for alleged gross misconduct following incidents involving residents. The tribunal found that misconduct was the potentially fair reason relied on by the respondent, but that the dismissing manager's belief was not held on reasonable grounds after a reasonable investigation.
The tribunal found procedural failings in the respondent's disciplinary process, including inadequate communication about the allegations, limited investigation, failure to give the claimant a proper opportunity to respond to some matters, and a delayed appeal process. It concluded that the claimant was unfairly dismissed.
For the wrongful dismissal claim, the tribunal applied the balance of probabilities and found that the claimant was wrongfully dismissed in breach of contract. The indirect race discrimination claim, concerning denial of an interpreter in internal procedures, was withdrawn by the claimant and dismissed on withdrawal.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the claimant was unfairly dismissed. Remedy was left to a separate remedy hearing. | Upheld | — | — |
| Wrongful dismissal | The tribunal found the claimant was wrongfully dismissed in breach of contract and was entitled to seek damages equal to pay in lieu of notice. No amount was determined in this judgment. | Upheld | — | — |
| Race discrimination | The claim of indirect race discrimination was dismissed upon withdrawal by the claimant. | Withdrawn | Race | — |
Legal tests applied
2 references- Burchell Test
- balance of probabilities
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
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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