Ms D. Kozlik v Athlone House Limited — 2024

Ms D. Kozlik was employed as a Housekeeping Assistant at Athlone House and began maternity leave in November 2021. The Respondent had agreed orally, evidenced by an email of 27 October 2021, to pay maternity pay of £1,500 net a month, although the contract itself did not provide for contractual maternity pay. After sanctions were imposed on Mr Fridman and then Ms Zairova, the Respondent's bank account was blocked and OFSI licensing issues arose. A licence issued on 14 June 2022 allowed a basic needs allowance but did not authorise ongoing payments to non-security staff, including the Claimant, or the agreed maternity pay.

The tribunal considered a strike-out application under rule 37 and asked whether the Claimant's claims had any reasonable prospect of success, taking her case at its highest. It held that the undisputed documentary evidence showed the clear and sole reason for the dismissal and for stopping maternity payments was the impact of the Russian Regulations and the sanctions regime, not sex, pregnancy or maternity. The Claimant's points that she wanted to return to work, that she was not kept properly updated, and that some other staff may have been re-engaged were not enough, on the material before the tribunal, to make the unfair dismissal or discrimination claims reasonably arguable.

The breach of contract claim was also struck out. The tribunal noted the Respondent's submission that the maternity pay was discretionary, but for the purposes of the application it assumed the Claimant's case that there had been a contractual liability to pay. It nonetheless concluded that there was no reasonable prospect of finding liability for continued payment once sanctions made payment a criminal offence. On that basis all claims were struck out and the hearing listed for 8, 9 and 10 May 2024 was vacated.