Case 6016995/2024 · Employment Tribunal
Ms Karolina Birger v Sushi Life Whitchurch Ltd — 2025
- Case reference
- 6016995/2024
- Decision date
- 11 March 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge E Macdonald Representation
- Venue
- Cardiff
Parties
2 namedClaimant
Ms Karolina Birger
Respondent
Key findings
Tribunal's reasoningEmployment Judge E Macdonald, sitting at Cardiff Employment Tribunal on 3 March 2025, considered claims brought by Ms Karolina Birger against Sushi Life Whitchurch Ltd. The complaint of ordinary unfair dismissal was dismissed for want of jurisdiction, and the complaint of automatically unfair dismissal under section 104 of the Employment Rights Act 1996 was found not well-founded and dismissed.
The tribunal upheld a claim for holiday pay under Regulation 30 of the Working Time Regulations 1998, ordering the Respondent to pay £84 subject to deductions for tax and national insurance. Pursuant to section 38 of the Employment Act 2002, that sum was increased by an amount equal to two weeks' pay, calculated as 8 days x 4 days per week x £12 per hour, totalling £672.
The total sum ordered to be paid to the Claimant was £756. Reasons were given orally at the hearing; written reasons were not provided as part of this judgment record.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Ordinary unfair dismissal complaint dismissed for want of jurisdiction. | Dismissed | — | — |
| Unfair dismissal | Automatically unfair dismissal claim under s.104 ERA 1996 found not well-founded and dismissed. | Dismissed | — | — |
| Holiday pay | Holiday pay awarded under Regulation 30 Working Time Regulations 1998 (subject to deductions for tax and NI). | Upheld | — | £84 |
| Other | Uplift under s.38 Employment Act 2002 (failure to provide written statement of particulars): two weeks' pay calculated as 8 days x 4 days/week x £12/hour = £672. | Upheld | — | £672 |
Remedy
Monetary award- Total award
- £756
- across all upheld claims
Legal tests applied
3 references- s.104 Employment Rights Act 1996
- Regulation 30 Working Time Regulations 1998
- 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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