Mrs M Jedrzejewicz v [via Ms A Pikul - Interpreter] Exellerate Services UK Ltd — 2026

Mrs Jedrzejewicz contended that she was automatically unfairly dismissed for asserting a statutory right. She relied on a WhatsApp message sent to her line manager at 08.40 on 28 January 2026 asking how much annual leave she had left and whether it had to be used within a particular period or could be carried over. Because she had less than two years’ service, it was for her to prove on the balance of probabilities that the sole or principal reason for dismissal was the asserted automatically unfair reason.

The Tribunal found that the message was no more than a request for information about her entitlement. It was not framed, and could not reasonably have been understood, as an allegation that the respondent had infringed or intended to infringe a statutory right. It therefore did not engage section 104(1)(b) ERA.

The Tribunal was also satisfied that the decision to dismiss had been taken by Sarah Newland on 26 January 2026, before the holiday-entitlement message was sent. It found that the reason was the claimant’s unauthorised absence from her shift on 24 January, which she did not report until 26 January. The cleaning duties were not performed and no alternative cover was arranged. Clause 9 of the employment contract provided that an absence not properly authorised or notified would be unauthorised and could, in appropriate circumstances, result in summary dismissal. The Tribunal found no local arrangement permitting the claimant to miss a shift and delay reporting it, and found that the timing of the decision and its communication did not prevent disciplinary action.

The Tribunal concluded that the reason for dismissal was the claimant’s conduct on 24 January 2026, not her request for holiday information on 28 January. The automatic unfair dismissal claim was dismissed, and no monetary award was recorded.