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£14,000 Win For Unfair Dismissal

Tuesday, March 18, 2014

GMB Wins £14,000 Compensation At Southampton Employment Tribunal For Head Chef Unfairly Dismissed From Hotel Job On The Isle Of Wight

Tribunal claims down 79% as charging £250 to issue a claim and between £960 and £1,060 for a hearing is pricing non- union workers out of tribunals since 29th July last year says GMB.

GMB has secured £14,000 compensation at the Southampton Employment Tribunal after it ruled that a former Head Chef of the Melbourne Ardenlea Hotel on the Isle of Wight had been unfairly dismissed.

GMB member Sergey Kulikovsky worked as Head Chef at the hotel restaurant. He commenced employment there in 2005. His work was highly complimented and the Hotel received good reviews mainly due to his hard work.

In December 2012 Kulikovsky was told by the hotel they could no longer pay him saying, ‘there is no job and no money’.

He turned to GMB for advice and support to bring a claim for unfair dismissal at the Southampton Employment Tribunal.

At the tribunal the hotel sought to argue that Mr Kulikovsky had resigned. However, the Southampton Employment Tribunal rejected this. The Tribunal found that Mr Kulikovsky had been dismissed unfairly.

Mr Kulikovsky was awarded almost £14k in compensation. He is now working again as a chef in a pub on the Isle of Wight.

Charles Harrity, GMB Senior Organiser, said, "GMB union welcomes this decision in favour of Mr Kulikovsky.

Despite having documented evidence of his ability and dedication to his job over a number of years, his employer seemed to think that they could act with no regard to employment legislation and ignore the employment rights that protected Mr Kukikovsky. What this decision shows is that the GMB will act to protect the rights of members when faced with uncaring and unreasonable employers.

Last week new figures were published showing that for employment tribunals the number of claims received in October to December 2013 was 9,801 – 79% fewer than in the same period of 2012, and 75% fewer than last quarter. It is now clear that charging £250 to issue a claim and between £960 and £1,060 for a hearing is pricing non- union workers out of tribunals since 29th July last year.” 

Mr Kulikovsky said "This was a terrible time as my wife was pregnant and I didn’t know how we were going to survive. It was also just before Christmas.

I went to my union, GMB, for advice and support in bringing these Employment Tribunal proceedings. I didn’t want to take a case to an Employment Tribunal but I believe that I had been treated unfairly.

Sometimes bosses don’t want to respect the law or contracts. I’m very happy that I was in GMB and I want to encourage everyone who works hard to join a trade union because I couldn’t have done any of this without GMB."

Asha Wije, Solicitor and Partner of Simpson Millar LLP who was instructed by GMB to act for Mr Kulikovsky, said, ‘Sometimes employers get it completely wrong and they are either not willing to accept that they are at fault or are badly advised. In such cases there is no option but to take them to court."

End

Contact: Charles Harrity GMB Senior Organiser on 07977 518042 or GMB press office 07921 289880

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