Ms S Gorbanova v Appletree Court Care Limited — 2019

At the preliminary hearing on 5 September 2019, Employment Judge Tuck recorded that, by agreement, the claims against the first, second, fourth and fifth respondents were dismissed on withdrawal and that the claim would proceed against the third respondent only. The document is a case management record rather than a merits judgment, and it does not determine liability or remedy.

The parties agreed that, in light of Patel v Folkstone Nursing Home, the tribunal did not have jurisdiction to hear an 'ordinary' unfair dismissal claim. The remaining case was directed to a final hearing on constructive unfair dismissal and breach of contract, and the issues also included an unlawful deduction from wages claim covering wages, holiday pay and pension contributions between 5 September 2016 and 22 November 2016.

The record notes the claimant's case that she had been employed as a carer, that a dismissal letter dated 5 September 2016 was later revoked on appeal and reduced to a final written warning on 12 October 2016, and that she resigned on 22 November 2016 because the relationship of trust and confidence had broken down. No findings were made in this document on whether those matters amounted to constructive dismissal or unlawful deductions, and no remedy was assessed.