Want to talk to an expert employment law solicitor?

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

In the case of Miss ME Jurkowlaniec v Aykut Gul (Case No 4107131/2019), the Employment Tribunal (Scotland) found in favour of the claimant in terms of payments outstanding to her from the respondent as well as finding in favour of the claimant who, the Tribunal found, had been subject to a course of conduct which amounted to sexual harassment within the terms of section 26(2) of the Equality Act 2010. Finally, the Tribunal found the respondent had failed to provide the claimant with a statement of particulars in accordance with section (1) of the Employment Rights Act 1996.

The facts in the case of Miss ME Jurkowlaniec v Aykut Gul

The claimant began working for the respondent as a waitress on 15 October 2018. She was not provided with a statement of particulars for her employment nor was she provided with payslips The claimant was aware from the first shift that she worked that the respondent appeared to touch female waiting staff including herself more than was appropriate.

The respondent was advised of the claimant’s concerns and met with the claimant. The respondent’s wife was also present at this meeting. The respondent indicated he was not angry at the claimant’s comments but wanted her to understand that he operated a family business and treated everyone as family.

The claimant made it clear to the respondent that she did not like to be touched. The respondent advised the claimant that he was opening a new shop soon and that she would be promoted to be supervisor of that shop. The respondent continued to subject the claimant to unwanted touching. The respondent touched the claimant on her hips, waist, back and shoulders. This touching was never necessary, for instance to ask the claimant to move out of the way. The respondent would hold his hands on the claimant for a few seconds when he touched her. This made the claimant feel very uncomfortable. The respondent was an older man and the claimant was a 25-year-old woman. The claimant did not feel she could complain to anyone as the respondent owned the shop and the only other senior members of staff were his family. 

The claimant told the respondent that she was undergoing therapy for depression. On 13 March 2019, the respondent again subjected the claimant to unwanted touching. The claimant again told the respondent that she did not want this. The respondent told the clamant that her attitude needed to change and told her to take the next day off. When the claimant returned on 15 March 2019, she was ignored by the respondent and his family and the claimant saw the respondent touching another waitress inappropriately. After he shift, the claimant was telephoned by the respondent and told not to return to work. The claimant posted an account of her treatment on social media and was threatened by the respondent and his family to take it down. The claimant attempted to recover monies due to her. In the meantime, her depression and self-esteem worsened, and she was unable to continue to afford her therapy sessions.  

The decision of the Employment Tribunal  

The respondent did not appear at the Tribunal hearing. The Tribunal, with little difficulty, as they found the claimant to be a credible witness, were able to arrive at a decision in favour of the claimant.

As well as agreeing that the respondent pay the monetary sums owing to the claimant, the Tribunal considered that the conduct had the purpose or effect of violating the claimant’s dignity or creating an intimidating, hostile, offensive or degrading environment for the claimant especially as the claimant had had to continue to work in the respondent’s business, for financial reasons. The claimant did not make a claim for loss of earnings as she found alternative employment. However, the Tribunal awarded the claimant £9500 – an award for injury to feelings in the mid-range of Vento guidelines (Vento v Chief Constable West Yorkshire Police [2002] EWCA Civ 1871) and considered this appropriate as the conduct was not one off and continued over a period of 5 months. The claimant was already vulnerable, given that she was suffering from depression and undergoing treatment and the fact that the respondent was aware of this and did not desist from the treatment despite the claimant asking him to, on a number of occasions, was an aggravating factor.

The Tribunal decided that the claimant should have received a statement of particulars as required by section 1(1) of the ERA 1996 and also considered section 38 of the Employment Act 2002 which states that where a tribunal has made an award to an employee in terms of a claim under Schedule 5 of that Act  (which includes a claim under the Equality Act and a claim for unlawful deduction from wages),  and if when the proceedings are begun, the employer is in breach of his duty to the employee under section 1(1) of the ERA 1996, the tribunal must, subject to section 5, increase the award by the minimum amount (which is two weeks’ pay).  

In total, the Employment Tribunal awarded the Claimant the sum of £‭12,338.88‬ (inclusive of interest).

Our solicitors’ comments on the case of Miss ME Jurkowlaniec v Aykut Gul   

Caroline Lewis, a Senior Associate in the employment department at Redmans, made the following comments on the case: “This case reminds employers of the need to respect employees’ rights not only in relation to documentation and contractual payments that should be provided to them but in the treatment they need to be afforded to ensure a fair, safe and healthy workplace”.

The decision of the Employment Appeal Tribunal in Miss ME Jurkowlaniec v Aykut Gul (Case No 4107131/2019) 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

4.76 Average

172 Reviews

Anonymous

I had an employment issue which required legal advice. Chris was very supportive and knowledgeable, resulting in an optimum resolution in my favour. Would definitely recommend.

Posted 3 days ago

David M

Very professional and first-rate advice. I would use again. With thanks,

Posted 3 days ago

Anonymous

Got the job done swiftly without going too much in to detail.

Posted 3 days ago

Derek W

Redmans dealt with my case very efficiently and I was happy with the outcome.

Posted 5 days ago

Anonymous

Timely professional advice!

Posted 6 days ago

Anonymous

Very good service

Posted 1 week ago

Anonymous

I was in contact with Chris and then worked with Caroline on an employment matter. I was very pleased with the service and professionalism throughout, and came away with satisfied with the outcome. Would happily recommend.

Posted 1 week ago

Nikki

Received advice re employment law. Chris was very helpful and advised accordingly. Would happily recommend them and if ever I need help again, will not think twice before using them.

Posted 2 weeks ago

Samantha K

Absolutely brilliant thank you. Caroline Lewis is a legend

Posted 2 months ago

Anonymous

The legal advice was clear and helpful.

Posted 2 months ago

Davinder P

Good Service

Posted 2 months ago

Adrian V

I was using Redmans services for a Settlement Agreement. Very quick and professional service. The outcome was favourable and I was very pleased with the amendments and results. Pretty glad to recommend them for any type of legal advice.

Posted 2 months ago

Anonymous

Very responsive, efficient, clear and supportive. Thank you! Highly recommend.

Posted 2 months ago

Tiago S

Chris was always prompt to help me with legal matters that are beyond my comprehension and very helpful leasing with my former employer. I would recommend Redmans Solicitors to everyone who needs help.

Posted 2 months ago

Anonymous

Fast and professional advice tailored to what was needed. Thanks for your help Chris Hadrill and team.

Posted 2 months ago

Peter S

Really pleased with the outcome and the advice I had from Chris and Sacha.

Posted 2 months ago

Harika A

Redmans solicitor's helped me with my settlement agreement, Chris has been very helpful throughout the process.He was very prompt in his responses and made my settlement look simple.Special thanks to Caroline for her efficient communication, thorough explaination of contract terminology and negotiations.I highly reccommend Redmans solicitors for anyone seeking employment related legal help.

Posted 2 months ago

Anonymous

Good and quick service

Posted 2 months ago

Ricky D

Very satisfying to be assured of such attention and professionalism.

Posted 2 months ago

Anonymous

Excellent service - thankyou

Posted 2 months ago

Anonymous

Efficient, timely and friendly support and advice

Posted 2 months ago