Claimant v Nandha Property Group Limited
Outcome
Individual claims
The tribunal found that the claimant resigned and was not dismissed by the respondent. Without a dismissal, there can be no claim for unfair dismissal under the Employment Rights Act 1996.
The tribunal determined that there was no indirect sex discrimination. The claimant failed to establish that a provision, criterion or practice was applied that put women at a particular disadvantage.
The tribunal found that there was no harassment related to sex. The claimant did not prove that unwanted conduct related to sex occurred that violated her dignity or created an intimidating, hostile, degrading, humiliating or offensive environment.
Facts
Mrs Wozniak brought claims against her former employer, Nandha Property Group Limited, a property company. She alleged she had been dismissed and subjected to indirect sex discrimination and harassment related to sex. The case was heard over three days by video in August 2025 before a full tribunal panel.
Decision
The tribunal dismissed all of Mrs Wozniak's claims. The tribunal found that she had resigned rather than been dismissed, which was fatal to her unfair dismissal claim. The tribunal also found no evidence to support her claims of indirect sex discrimination or harassment related to sex.
Practical note
A claimant must establish that a dismissal occurred before pursuing an unfair dismissal claim; resignation will defeat such a claim unless it can be characterized as constructive dismissal.
Case details
- Case number
- 3302554/2024
- Decision date
- 13 August 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- real estate
- Represented
- No
- Rep type
- self
Claimant representation
- Represented
- No