Case 3306961/2022 · Employment Tribunal
Mr Pawloski, partner of the Claimant. For the v Ms Piwonska, Polish Speaking – Day and 1 other — 2023
- Case reference
- 3306961/2022
- Decision date
- 22 November 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge L Brown Appearances
- Venue
- Cambridge
Parties
3 namedClaimant
Mr Pawloski, partner of the Claimant. For the
Key findings
Tribunal's reasoningMs Krystyna Sulka brought claims of constructive unfair dismissal under s.98 ERA 1996, automatic constructive unfair dismissal under s.104 ERA 1996, and wrongful dismissal. Employment Judge L Brown found that each of those claims was not well founded and dismissed them.
The tribunal also recorded that, when the proceedings began, the respondent was in breach of its duty to provide written employment particulars under ss.11-12 ERA and s.38 Employment Act 2002. No award was made because the other claims failed, and the claimant did not seek a declaration as to the employment particulars.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | Constructive unfair dismissal under s.98 ERA 1996; the tribunal found the claim was not well founded. | Dismissed | — | — |
| Constructive dismissal | Automatic constructive unfair dismissal under s.104 ERA 1996; the tribunal found the claim was not well founded. | Dismissed | — | — |
| Wrongful dismissal | Wrongful dismissal claim; the tribunal found it was not well founded. | Dismissed | — | — |
| Other | The tribunal found that when the proceedings began the respondent was in breach of its duty to provide written employment particulars under ss.11-12 ERA and s.38 Employment Act 2002, but no award was made because all other claims failed and the claimant did not seek a declaration of the particulars. | Upheld | — | — |
Remedy
Monetary award- Total award
- £0
- across all upheld claims
Legal tests applied
4 references- s.98 ERA 1996
- s.104 ERA 1996
- ss.11-12 ERA
- s.38 Employment Act 2002
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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