Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

In the case of Swierczynska v Kaprys Polish Delicatessen Ltd & ors 3400199/2017 the Employment Tribunal held that a pregnant shop employee had been subjected to a discriminatory dismissal and awarded her compensation of almost £20,000.

The facts in Swierczynska v Kaprys Polish Delicatessen Ltd & ors

Ms Swierczynska started working for Kaprys Polish Delicatessen Ltd (“the Shop”) in November 2015; the Shop was a Polish delicatessen based in Stevenage.

On 23 November 2016 Ms Swierczynska sent an email to the Shop to inform the company that she was pregnant. No risk assessment was carried out.

In December 2016 the entire share capital of the Shop was transferred to a new owner, Mr Hatami. From that date Mr Hatami was the sole director of the Shop. After  the share transfer the two previous directors of the company sent an email on 14 December to all four employees of the Shop to inform them they were being dismissed; however, the employees did not treat the email seriously, On 12 December 2016 a letter was sent to Ms Swierczynska by Mr Hatami confirming that she was being dismissed; she did not, however, receive this letter until 21 December 2016. After receiving the email on 14 December 2016 Ms Swierczynska made enquiries as to what was going on and was told that she should carry on working.

On 19 December 2016 a call was made to the Shop, with this call being answered by Ms Kosarczuk. As a result of this call Ms Kosarczuk informed Ms Swierczynska that she had been dismissed. Ms Swierczynska took her personal belongings and left the shop. She appealed her dismissal (by way of a letter dated 20 December 2016) but there was no response to this save being told “not to bother the new owner”.

Ms Malik subsequently made claims for pregnancy and maternity discrimination and unfair dismissal, among others.

The decision of the Employment Tribunal

The Employment Tribunal held that Ms Swierczynska had been unfairly dismissed and that she had, as a result of her dismissal, been discriminated against because of her pregnancy – no explanation of the dismissal was given and at the time that Ms Swierczynska was dismissed Mr Hatami knew that she was pregnant.

The Employment Tribunal awarded Ms Swierczynska the following sums in compensation:

  • Compensation for unfair dismissal: £4,032.50
  • Compensation for injury to feelings (including interest): £15,215

Our solicitors’ view on Swierczynska v Kaprys Polish Delicatessen Ltd & ors

Caroline Lewis, a specialist employment solicitor at Redmans, commented on the case: “Employers must ensure that decisions made to dismiss employees, particularly employees with protected status, must be fair and, equally, clearly communicated – a failure to make a fair decision to dismiss and/or to clearly communicate such can potentially lead to a discriminatory dismissal being effected.”

The judgment of the Employment Tribunal in Swierczynska v Kaprys Polish Delicatessen Ltd & ors can be found here.

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

Your name

Your email

Your telephone number

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.67 Average

66 Reviews

Anonymous

As with All solicitors advice without consequence but understood and communicated my legal position

Posted 6 days ago

Anonymous

Prompt, professional and excellent service.

Posted 1 week ago

Dominic C

Excellent service, prompt and helpful

Posted 1 week ago

Anonymous

I found Redman’s to be very efficient and got me the best deal available in the short time scale that was available.

Posted 2 weeks ago

Victor L

Very professional. Provided excellent advice on my Settlement agreement.

Posted 2 weeks ago

Anonymous

Professional from start to finish.

Posted 2 weeks ago

Oliver W

Excellent service provided by Redmans, will certainly consider using again.

Posted 2 weeks ago

Melanie H

Very professional and extremely personable service. Thank you very much.

Posted 4 weeks ago

Anonymous

I found Chris to be very approachable and easy to speak with about complex matters. He took action quickly and his updates to me, as his client, were prompt. I would recommend Chris and the team at Redmans without hesitation.

Posted 4 weeks ago

Anonymous

Good advice

Posted 4 weeks ago

Anonymous

Overall happy with the service provided by Chris and Rana.

Posted 4 weeks ago

Anonymous

Chris and Rana provide a great service, very informed, diligent and care about your result, would recommend Redmans

Posted 4 weeks ago

David W

A speedy efficient friendly service, I would definitely recommend Redmans Solicitors for processing Settlement Agreements.

Posted 4 weeks ago

Anonymous

Both Rana and Chris were fantastic. From the first phone call I was confident my matter was in good hands. I was not disappointed. I would highly recommend Redmans. Thank you again for all of your support and advice.

Posted 1 month ago

Federico S

Great advices and communication. Through Redmana I obtained match more than what I thought. Highly recommended

Posted 1 month ago

Tom G

A good and efficient service with the required legal advice provided for a settlement agreement.

Posted 1 month ago

Francis T

The solicitor I used was Chris Hadrill, who I found extremely professional and I felt that he made me feel at ease, considering the subject matter he was assisting me with.

Posted 1 month ago

Anonymous

Chris provided excellent assistance with the negotiation of my settlement agreement. From start to finish, I was consitently updated and advised on the best course of action to take. I would highly recommend Chris and Redmans Solicitors.

Posted 1 month ago

Anonymous

They are busy people but manage well so generally I would recommend them.

Posted 1 month ago

Anonymous

Very efficient and professional service from my first phone call making an enquiry. Timescales of the matter in hand were met and within the agreed budget. Would highly recommend Redmans

Posted 1 month ago

Lisa B

Really very good service, always available to answer questions, provide my with any information I needed to make informed decisions.

Posted 1 month ago