A hotel manager who lost his job after being caught with a junior female colleague in a hotel room has won a legal case for unfair dismissal.
An employment tribunal ruled in his favor because the hotel did not have a clear policy on relationships at work. Even though the manager acted inappropriately, there was no rule that banned consensual relationships between staff.
Sebastian Kedracki was fired after being found partying with the woman after a shift. A colleague saw them dancing around the office with bottles of alcohol. They then went to a pub before heading to a hotel room.
At around 3am, a hotel guest complained about loud music coming from a nearby room, saying it was disturbing her husband’s sleep.
Some hotel staff used a master key to enter the room and found the two employees in the shower and later on the bed.
Kedracki was suspended and later went through a disciplinary process that led to his dismissal.
He claimed the hotel acted unfairly and said he was the victim of a “witch hunt.” The tribunal agreed that the investigation had problems and ruled his dismissal unfair.
However, the judge decided Kedracki should not receive any money because the hotel was still right to fire him based on his behavior.
The tribunal in London heard that Kedracki had worked at Club Quarters Hotel in Covent Garden since 2013.
During the COVID-19 pandemic, he stayed in the hotel for long periods as he had no other place to live. This ended in September 2021 when the hotel started getting more guests again.
He was promoted in May 2021 to the position of Senior Guest Experience Manager.
But issues started to show when Kedracki refused to wear the suit jacket required by the hotel uniform. He said it was too hot to wear.
He got a formal warning for breaking hotel rules and for not properly managing the team, including letting others work without face masks.
Later, he got into more trouble for what happened on December 29, 2022.
It was revealed that he had been drinking in the office with a junior female colleague.
They later stayed in a hotel room without asking for permission and played loud music between 3am and 4am, disturbing a guest.
Kedracki was suspended in January 2023 and an investigation began.
One witness said he heard loud music from the back office around 11:30pm, calling it “like a disco club.”
He said he tried to tell them to turn it down, but the doors were locked.
He saw the woman dancing, the lights off, and many bottles of alcohol in the room.
At around 3:40am, another guest complained again about the loud music.
Another staff member went to check and found Kedracki and the woman in the shower together.
The staff were surprised because they thought both employees had already left for the night.
Another employee went in and saw the two having sex.
He had knocked loudly before entering, but they hadn’t responded.
The woman said she saw Kedracki working late and wanted to help.
She said he had a drink in his bag because he planned to meet a friend.
Due to problems with the trains and not getting a taxi, they went to a local pub for a drink.
She asked if she could stay at the hotel and said she felt embarrassed about what happened.
Kedracki said the hotel targeted him unfairly and that there wasn’t enough real evidence against him.
He said he couldn’t remember much from that night except waking up in his underwear.
He was officially fired on February 9, 2023.
He appealed the decision, saying there was no strong proof of a party or drinking, but the appeal was denied.
Employment Judge Timothy Adkin said the dismissal process was flawed.
He pointed out that the same person acted as both investigator and judge in the process, which was unfair.
Also, the appeal was handled by someone who was already involved, so they couldn’t give a fair view.
Still, the judge decided Kedracki would not get any compensation.
He said Kedracki had already been warned before and should have been more careful.
The judge added that as a senior staff member, his actions showed poor judgment. He used hotel facilities without asking, played loud music, drank, and partied with a junior staff member.
This caused trouble for guests and put night staff in a difficult situation.
He also said Kedracki wasn’t truly sorry for what happened during the investigation.