Claimant v Kidzstop Day Nursery Limited
Outcome
Individual claims
The Tribunal found unanimously that both claimants were unfairly dismissed pursuant to section 94 of the Employment Rights Act 1996. The substantive reasons for the finding are not detailed in this judgment but oral reasons were given at the hearing.
The Tribunal unanimously found that the claimants were not subject to less favourable treatment in the form of direct race discrimination as claimed and in breach of section 13 of the Equality Act 2010. The claims were dismissed.
Facts
Two claimants, both named Monika (Maczynska and Zaman), brought claims against Kidzstop Day Nursery Limited for unfair dismissal and direct race discrimination. The case was heard over three days in February 2025 before a full tribunal panel in Manchester. The claimants represented themselves while the respondent was represented by counsel.
Decision
The Tribunal unanimously upheld the unfair dismissal claims under section 94 of the Employment Rights Act 1996, finding both claimants were unfairly dismissed. However, the claims for direct race discrimination under section 13 of the Equality Act 2010 were unanimously dismissed. A remedy hearing was listed for April 2025 to determine compensation.
Practical note
Unrepresented claimants working in a nursery setting successfully established unfair dismissal but failed to prove race discrimination, demonstrating that even without legal representation, procedural fairness claims can succeed where discrimination allegations do not.
Legal authorities cited
Statutes
Case details
- Case number
- 2407302/2023
- Decision date
- 21 February 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No