Ms O Stachowicz v The Good Care Group London Ltd: 2600991/2022
| Jurisdiction | England & Wales |
| Judgment Date | 02 December 2022 |
| Date | 02 December 2022 |
| Court | Employment Tribunal |
| Published date | 13 December 2022 |
| Subject Matter | Sex Discrimination |
Case No: 2600991/2022
EMPLOYMENT TRIBUNALS
Claimant: Ms O Stachowicz
Respondent: The Good Care Group London Limited
Heard at: Nottingham by CVP On: 22 & 23 August 2022
Before: Employment Judge Cansick
Representation
Claimant: In person
Respondent: Ms A Rumble, Counsel
RESERVED JUDGMENT
The claimant’s claim of constructive unfair dismissal is not well founded and is
dismissed.
REASONS
Introduction
1. The claimant was employed by the respondent as a Professional Carer until
her employment ended on 4 March 2022. The respondent is a provider of live-
in and home-based care services.
2. The claimant claims she was constructively dismissed as a result of initially
being dismissed for gross misconduct and then on appeal being reinstated with
a final warning. The claimant considers that this conduct left her with no choice
but to resign. The claimant argues both matters, either individually or together,
constituted the reason for constructive dismissal.
3. The respondent asserts that there was no constructive dismissal and that the
initial dismissal and the reinstatement in no way constituted a breach of the
implied term of mutual trust and confidence.
4. All parties appeared by CVP. The claimant gave her evidence from Poland.
She was assisted by a Polish interpreter who also appeared by CVP, but from
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