2413266/2020Dismissed

Kammac Ltd

v Mrs L Jones

11 May 2023·Employment Tribunal·England & Wales·Employment Judge Holmes

Respondent

Kammac Ltd

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Decision date

11 May 2023

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Holmes

Case Summary

The Employment Tribunal dismissed Mrs L Jones' claims of unfair dismissal, sex discrimination, and constructive dismissal against Kammac Limited. The claims were resolved by agreement in the closing stages of the hearing.

Why this outcome?

Commercial settlement

The claims were resolved by agreement between the parties in the closing stages of the hearing, resulting in dismissal of the claims.

Key Issues

  • unfair dismissal and sex discrimination claims
  • last straw for resignation
  • sick pay policy
  • Christmas bonus disparity

Decision Text

Full PDF

Reserved Judgment 1 of 28 EMPLOYMENT TRIBUNALS Claimant: Mrs L Jones Respondent: Kammac Limited Heard at: Manchester On: 16 to 24 January 2023 , 24 April 2023 25 April 2023 (In Chambers) Before: Employment Judge Holmes Ms C Neild Mr B J McGaughey Representatives For the claimant: Ms S Wheeler , Solicitor For the respondent: Mr D Tinkler, Counsel RESERVED JUDGMENT It is the unanimous judgment of the Tribunal that: 1.The claimant’s applications to amend her claims, and the List of Issues, are refused. 2. The claimant was not constructively , and hence not unfairly , dismissed and this claim is dismissed. 3.The respondent did not discriminate against the claimant on the grounds of her sex, in relation to the last claims of sex discrimination that she makes which were presented in time, and they are dismissed. 4.The claimant’s claims of sex discrimination which arose before 3 March 2020 were all presented out of time and it would not be just and equitable to extend time for their presentation. They are dismissed. 5. The claimant’s claims for unlawful deductions from wages and for holiday pay have been agreed between the parties, and, unless cause is shown within 7 days of the sending of this judgment to the parties why they should not be, they will stand dismissed upon withdrawal by the claimant. Reserved Judgment 2 of 28 REASONS 1.By a claim form presented on 17 August 2020 the claimant brings claims of sex discrimination, and constructive dismissal. The claimant was employed by the respondent until her resignation on 18 May 2020. She claims that the respondent fundamentally breached in a number of respects, going back to September 2018, and culminating in May 2020. She also alleges that she had been subjected to direct sex discrimination from March 2019 until Ma

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