MY JUDGEMENTS
(IN REVERSE CHRONOLOGICAL ORDER)
FOREWORD
Welcome to my Employment Tribunal Judgments page
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Here, you’ll find a selection of my cases, showcasing the breadth and depth of my experience in employment law. These judgments reflect my commitment to advocating for fair and just outcomes in the workplace. Please note that this is just a sample of my work, and I have handled many more cases beyond those listed here.
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If you have any questions or need further information, feel free to reach out!
Mr Janicki v Northcot Brick Limited
12/11/2024
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This case involved a client, who was dismissed without notice for alleged gross misconduct. However, the disciplinary process was improperly conducted. The Employment Tribunal found that the employer had reasonable grounds to believe the misconduct occurred, but ruled the dismissal unfair due to procedural flaws. Compensation for unfair dismissal was reduced by 75% as the dismissal would likely have occurred even with a fair process.
Ms Paulina Pilawa v Spericle Ltd T/A Properties on the Marke
13/02/2024
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This case concerned a client, who suffered from endometriosis, a condition which classified her as disabled under the Equality Act. While initially permitted to work from home on bad days, this adjustment was denied in September 2021, leading her to take sick leave. Upon submitting a return-to-work form, she was dismissed via email without reason or an opportunity to appeal.
The Employment Tribunal ruled in her favour, concluding that her dismissal was discriminatory and arose from her disability. The Tribunal found that the employer failed to make reasonable adjustments, such as allowing home working or offering amended duties. Ms. Pilawa was awarded compensation for unfair dismissal, injury to feelings, and additional damages for the employer's failure to adhere to the ACAS Code of Practice.
Ms Urzedowska v Croydon Therapy 4 You (1) and Ms Pelczarska (2)
16/10/2022
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This case concerned a client, who worked as a beautician on a supposed self-employed basis. However, her working arrangements indicated that she was, in practice, an employee under a contract. Upon resigning due to unpaid wages, she submitted claims for unpaid wages, unpaid holiday, failure to provide particulars of employment, and failure to pay notice.
The Employment Tribunal ruled in her favour, confirming her employment status and awarding her compensation.
Mr A Chalkowski v Bidvest Noonan (UK) Limited
10/05/2022
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This case involved a client, who faced ongoing wage underpayments following a TUPE transfer. Despite raising the issue repeatedly and submitting a written grievance, the company failed to resolve the problem, leading to repeated incorrect payments. Frustrated by the persistent breaches, Mr. Chalkowski resigned from his position after a few months.
The Employment Tribunal ruled that the company’s conduct constituted a fundamental breach of contract, allowing Mr. Chalkowski to claim constructive unfair dismissal.
Mrs B Jablonka (née Panyszak) v Nationwide Cleaning & Support Services Ltd
04/02/2022
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This complex case involved my client, a cleaner at a bus garage, who faced pregnancy-related discrimination and victimisation during her employment. Initially, her employer failed to conduct a timely risk assessment after she disclosed her pregnancy, exposing her to fumes and unsafe working conditions. Later, she was offered fewer hours at a lower rate of wages.
Upon returning to work from maternity leave, Ms. Panyszak was falsely accused of discriminatory comments against a colleague. After evidence revealed the allegations were fabricated, the company still dismissed her appeal. Ms. Panyszak claimed that her dismissal was linked to her pregnancy discrimination claim. The Employment Tribunal ruled in her favour, finding she had been discriminated against due to her pregnancy and victimised.
Mr Z Torebko v GSL London Limited
01/11/2021
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This case concerned a client, a carpenter, who was labelled as self-employed but treated as an employee in practice. After the company ended cooperation unfairly, Mr. Torebko realised he was entitled to employee rights, such as paid leave and protection from unfair dismissal. The Employment Tribunal ruled in his favour, determining that he was an employee throughout his tenure. Consequently, Mr. Torebko was entitled to claim overdue payments and compensation for unfair dismissal.
J Duda v Bespoke Windows London Ltd
26/08/2021
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This case involved a lient, who resigned after her maternity leave. Her employer failed to pay her for the holiday accrued during that period. The Employment Tribunal ruled in Ms. Duda’s favour, accepting her claim for outstanding annual leave.
Ms Z Stanislawczyk v Julia Polish Food Ltd
19/03/2021
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This case involved a client, who was abruptly dismissed via text message while on leave. The Employment Tribunal ruled in Ms. Stanislawczyk’s favour, accepting her claims for unfair dismissal, notice pay, holiday pay, and unpaid wages.
Monika Bien v Baltic Store NT Limited
02/02/2021
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This case involved a client, who did not receive payments for annual leave or sick leave. Ultimately, she was dismissed without procedure or notice over minor accusations. The Employment Tribunal found in Ms. Bien's favour, ruling that she had been unfairly dismissed and was owed notice pay and holiday pay for her entire employment.
Ms M Dworak v RyanAir Ltd
05/07/2019
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This case involved a client, a flight attendant, who was diagnosed with a benign brain tumour and medically restricted from flying. Despite being cleared for a phased return to work with amended duties, Ryanair failed to provide her with a suitable position for nearly a year. When administrative roles were eventually offered in Dublin, her request to undertake similar duties at Stansted Airport, her ground base, was denied. Feeling she had no option, Ms. Dworak resigned in August 2018.
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The Employment Tribunal upheld her claims, concluding that Ryanair had discriminated against her due to her disability, failed to make reasonable adjustments as required under the Equality Act 2010, and constructively dismissed her unfairly by not accommodating her medical needs.
Ms A Gozdur v Awat Jalal (1) and Stokrotka- Polski Sklep (2)
30/01/2018
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This case involved a client, who faced dismissal shortly after informing her employer of her pregnancy, and a subsequent pregnancy-related absence. Her employer then dismissed her, citing inconvenience during a busy period. The Employment Tribunal found that the dismissal constituted pregnancy-related discrimination.
Mr P Rybus v City Carriers Limited
12/01/2018
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This case involved a client, who resigned after facing multiple breaches of his employment rights such as unlawfully limiting his annual leave and unfairly deducting money from his wages. The Employment Tribunal ruled that the company had made unlawful wage deductions, and owed my client for outstanding annual leave.
(1) Ms E Trzecinska and (2) Ms P Giedo v Mr Jan Papp t/a Papps Convenient Store
02/11/2017
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This case involved two clients, who faced discrimination and unfair dismissal after informing their employer about their pregnancies. Both were under false allegations of poor performance and improper behaviour. I was successful to show that both dismissals were discriminatory.
Mr W Smulski, Mr R Wenus and Mr I Wojciak v Knights of Dover Ltd
18/09/2017
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This case involved three lorry drivers, who faced underpayments and violations of their annual leave entitlement. The Employment Tribunal upheld their claims, ruling that the company was to compensate each claimant for the outstanding amounts.
Ms Malgorzata Babula v Holiday.com Hotels Limited
14/09/2017
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This case concerned my client, who faced unlawful deductions from her wages. Attempts to resolve the issue with her employer were unsuccessful, leading to her resignation due to wage shortfalls and a stressful working environment. Ms. Babula was able to claim unfair dismissal under s.108 of the Employment Rights Act 1996 despite having less than two years of employment.
Ms E Zwiernik v Joe Browns Ltd
25/05/2017
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This case involved my client, who faced persistent unfair treatment and emotional abuse from her manager. Despite raising complaints and filing a grievance, the issues were ignored, leading to severe stress and depression. Ms. Zwiernik ultimately resigned due to ongoing mental harassment and a hostile work environment. We therefore that my client constructively unfairly dismissed.
Mr D Dobosz v Chantry Concrete Products Ltd
29/03/2017
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This case involved my client, who suffered a serious workplace injury time off work. During his recovery, his manager verbally promised full wages instead of Statutory Sick Pay and then subsequently broke this promise. We therefore claimed unpaid sick leave.
Mr T Warda and Ms E Szymura v Familijny Continental Food Ltd
06/02/2017
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This case revolved around my clients, who faced violations of their employment rights regarding paid annual leave entitlement, prompting their resignation. The claimants brought the matter to the Employment Tribunal, alleging constructive unfair dismissal due to a serious breach of their rights.