Claimant v Polskie Delikatesy Koziolek Limited
Outcome
Individual claims
The tribunal found the claimant was unfairly dismissed. The respondent failed to follow a fair procedure or demonstrate a fair reason for dismissal. The complaint succeeded.
The tribunal found that the respondent had not treated the claimant less favourably because of disability. The complaint of direct disability discrimination failed and was dismissed.
The tribunal found the claimant was not entitled to the unpaid holiday pay claimed. The complaint failed and was dismissed.
Facts
Ms Wiatrak was employed by Polskie Delikatesy Koziolek Limited, a Polish delicatessen. She was dismissed and brought claims for unfair dismissal, direct disability discrimination, and unpaid holiday pay. The case was heard over three days with a Polish interpreter present, with the claimant represented by her sister and the respondent by a paralegal.
Decision
The tribunal found the dismissal was unfair as the respondent failed to follow fair procedures and demonstrate a fair reason. The disability discrimination and holiday pay claims failed. The claimant was awarded £5,390.87 including a basic award, loss of salary, loss of statutory rights, and an ACAS uplift for procedural failures.
Practical note
Even small employers must follow fair dismissal procedures; failure to comply with the ACAS Code can result in compensation being uplifted by up to 25%.
Award breakdown
Case details
- Case number
- 3313620/2022
- Decision date
- 5 February 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- Yes
- Rep type
- lay rep