Ms. Z. Kowalska v D & M Bartell Ltd. Hearing: Final Hearing — 2025

The tribunal dismissed the respondent’s oral application for a postponement and its oral application to rely on documents emailed to the tribunal that morning without serving them on the claimant. Those applications were refused because the claimant did not consent to a postponement, the postponement request was not based on any act or omission by the claimant or the tribunal, there were no exceptional circumstances, and the late documents had not been copied to the claimant.

The claimant’s s.104 Employment Rights Act 1996 claim was dismissed. The tribunal found that the respondent dismissed her for performance-related issues, rather than because she had alleged an infringement of her right under s.1(1) of the Act to a written statement of particulars of employment. The claim for return of a deposit was also dismissed because the claimant accepted that the dispute had already been resolved and the claim was no longer pursued.

The claimant succeeded on her breach of contract claim, pleaded as wrongful dismissal/notice pay, because she was summarily dismissed and had not been paid in lieu of notice. The tribunal awarded £367.24, described as one week’s net wages.

The claimant also succeeded on her claim that the respondent breached s.1(1) ERA 1996 by failing to provide a written statement of particulars of employment. The tribunal awarded £1,278.30, being three weeks’ gross pay at £426.10 per week. The total sum payable under paragraphs 5 and 6 was £1,645.54. Reasons were given orally at the final hearing.