Miss B Pawlicka v Gregory Park Holdings Ltd ta Four Seasons Hotel Hampshire

JurisdictionUK Non-devolved
JudgeBruce Carr Deputy Judge
CourtEmployment Appeal Tribunal
Published date04 March 2024
Judgment approved by the court Pawlicka v Gregory Park Holdings Ltd
© EAT 2024 Page 1 [2024] EAT 27
Neutral Citation Number: [2024] EAT 27
Case No: EA-2021-000933-LA
EMPLOYMENT APPEAL TRIBUNAL
Rolls Building
Fetter Lane, London, EC4A 1NL
Date: 6 February 2024
Before:
BRUCE CARR KC, DEPUTY JUDGE OF THE HIGH COURT
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Between:
MISS B PAWLICKA
Appellant
- and
GREGORY PARK HOLDINGS LTD
T/A FOUR SEASONS HOTEL
Respondent
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Miss Barbara Pawlicka the Appellant in Person
Mr Benjamin Phelps (instructed by Couchman Hanson) for the Respondent
Hearing date: 6 February 2024
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JUDGMENT
Judgment approved by the court Pawlicka v Gregory Park Holdings Ltd
© EAT 2024 Page 2 [2024] EAT 27
SUMMARY
Practice and procedure
The claimant filed an ET1 in which she advanced health and safety related claims under
sections 44 and 100 Employment Rights Act (“ERA”). Those claims were struck out as she
was not an employee within section 230(3)(a) ERA. She claimed however that the ET should
have recognised that she had whistleblowing claims which she was entitled to advance on the
basis that she was a worker within section 230(3)(b). However, given that such claims were
not clearly advanced at any stage by the claimant prior to her health and safety claims being
dismissed, the ET had not made any error of law in failing to recognise or acknowledge the
existence of such claims.

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