Miss W Olszowiec v KPD Delivery Service Ltd: 4107088/2019
| Jurisdiction | England & Wales |
| Judgment Date | 24 March 2021 |
| Citation | 4107088/2019 |
| Court | Employment Tribunal |
| Published date | 20 May 2021 |
| Subject Matter | Written Statements |
E.T. Z4 (WR)
EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No: 4107088/2019
5
Final Hearing Held in Aberdeen on 16 March 2021
Employment Judge A Kemp
10
Miss W Olszowiec Claimant
In person
15
KPD Delivery Service Ltd Respondent
Represented by:
Mr C Howie
20
Solicitor
JUDGMENT OF THE EMPLOYMENT TRIBUNAL
25
1. The claimant was continuously employed by the respondent for the
period from 1 September 2014 under section 218 of the Employment
Rights Act 1996.
2. The claimant is entitled to a statutory redundancy payment of One
Thousand Seven Hundred and Forty Nine Pounds Five Pence
30
(£1,749.05).
3. The claimant was unfairly dismissed by the respondent, and she is
entitled to a compensatory award of Five Thousand Six Hundred and
Seventy Four Pounds Twenty Pence (£5,674.20).
4. The respondent made unlawful deductions from the wages of the
35
claimant, and was in breach of contract with her, in respect of not
paying her Statutory Sick Pay of One Hundred and Eighty Eight
4107088/2019 Page 2
Pounds Fifty Pence (£188.50) and in not making employer’s
contributions to pension under the Pensions Act 2004, with the
respondent being liable for pension contributions not made by prior
employers where that liability transferred to the respondent under
Regulation 4 of the Transfers of Undertaking (Protections of
5
Employment) Regulations 2006, and she is awarded the sum of Eight
Hundred and Ninety One Pounds Thirty One Pence (£891.31).
5. The claimant is therefore awarded the total sum of EIGHT
THOUSAND FIVE HUNDRED AND THREE POUNDS SIX PENCE
(£8,503.06) payable to her by the respondent.
10
REASONS
Introduction
1. This was a Final Hearing held in person to address a number of issues in
15
relation to claims made by the claimant. There had been earlier
Preliminary Hearings on 23 October 2019 and 3 December 2020.
2. The claimant is Polish, and does not have a good command of English. A
translator was engaged for the Final Hearing accordingly. The claimant
represented herself.
20
3. Mr Howie had very recently been instructed to act for the respondent. He
had not however been provided by the respondent with a copy of the Note
issued after the last hearing, and was not aware of all the issues that were
to be addressed at the hearing accordingly. An adjournment took place to
allow him to have sight of that Note, and after that he confirmed that he
25
was content that the Final Hearing proceed.
Issues
4. The following are the issues that the Note of the hearing on 3 December
2020 set out were to be addressed at the Final Hearing:
(i) On what date did the claimant’s continuous employment for statutory
30
purposes start?
To continue reading
Request your trial