Mr P Kuchniewski v Blachford UK Ltd — 2026

The tribunal dismissed Mr P Kuchniewski's claims against Blachford UK Ltd for automatic unfair dismissal under section 104 of the Employment Rights Act 1996 and health and safety detriment under section 44. He worked as a Quality Engineer from 27 May 2025 until his dismissal on 22 July 2025. His contract required 37 hours a week, and the handbook allowed employees to be asked to work additional hours to meet business needs.

His line manager, Mr Wayne Nortje, suggested staying an extra hour one day to catch up on emails. The claimant refused, referring to the effect on his health of working 60–70 hours a week in his previous job. He accepted that Blachford had never specifically asked him to work excessive hours. His concern rested on an assumption that he would be expected to work long hours after seeing others do so. He did not identify a specific right under the Working Time Regulations 1998 that had been infringed. Applying Mennell v Newell and Wright (Transport Contractors) Ltd, the tribunal explained that section 104 required an allegation of an infringement, rather than a possible or threatened future infringement.

The section 44 claim also failed. The claimant relied on dismissal as the detriment. The tribunal found no circumstances relevant to him that were harmful to his health or safety and no basis for his belief that he would be required or expected to work excessive hours. It held that the suggestion of an extra hour on one occasion did not fall within section 44.

The tribunal found that capability was the reason for dismissal. Weekly meeting notes, which the claimant accepted were accurate, recorded his failure to prioritise his work and the steps needed to improve. The tribunal accepted Mr Nortje's evidence that the claimant had not shown he could complete his tasks on time and found that dismissal was not because he had raised health and safety concerns. The respondent had paid one week's wages in lieu of notice; no monetary figure was stated. No tribunal award was made.