Case 4102259/2017 · Employment Tribunal
Miss GV Pilarczyk v McCurrach UK Ltd — 2018
- Case reference
- 4102259/2017
- Decision date
- 26 April 2018
- Jurisdiction
- Scotland
- Judge
- Employment Judge Mary Kearns
- Venue
- Glasgow
Parties
2 namedClaimant
Miss GV Pilarczyk
Respondent
Key findings
Tribunal's reasoningMiss GV Pilarczyk was employed by McCurrach UK Limited as a territory manager from 20 February 2016 to 28 April 2017. The respondent dismissed her after a disciplinary process about discrepancies between her TITO entries, store sign-in books and telematics records for a number of supermarket visits in March and April 2017. The tribunal found that the documentary evidence showed she was not where she had recorded herself as being and accepted the respondent's conclusion that she had knowingly recorded false information on her company tablet.
On that basis, the wrongful dismissal claim failed. The tribunal noted that the claimant had less than two years' continuous employment and therefore did not have qualifying service for unfair dismissal, and it held that her conduct amounted to repudiatory breach of contract. As a result, the respondent was entitled to dismiss her with immediate effect without notice or pay in lieu of notice.
The claim under section 10 of the Employment Relations Act 1999 also failed. The claimant had asked to be accompanied by a colleague at the disciplinary hearing, but when the meeting started the arrangement had not been made and her companion was absent. Mr Bramich asked whether she was happy to proceed, and she said that she was. The tribunal held that she waived the right to be accompanied.
The holiday pay claim was dismissed because the tribunal found that all sums due had already been paid. It found that the claimant had 5 days' accrued but untaken holiday on dismissal, and also had 4 carried-over days with managerial permission. The reasons record payments including £326.85 for untaken holiday, a later correction and suspension payment, and a further payment of £261.46, with the tribunal concluding that the claimant had then been paid all sums claimed to which she was entitled.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Wrongful dismissal | Claimant had less than two years' continuous service; the tribunal held the respondent proved dishonesty and was entitled to dismiss summarily without notice. | Dismissed | — | — |
| Other | Section 10 Employment Relations Act 1999 right-to-be-accompanied claim. The tribunal held the claimant waived the right when she said she was happy to continue without her companion present. | Dismissed | — | — |
| Holiday pay | The tribunal found the holiday sums due had already been paid, including accrued untaken holiday and carried-over days with managerial permission. | Dismissed | — | — |
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.