Decision date
8 August 2024
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
Employment Judge Quill
Case Summary
The claimant complained of unfair dismissal, framing her departure as a constructive dismissal based on non-payment of wages. The tribunal struck out the complaint because the claim form indicated the claimant was employed for less than two years, and there were no reasonable prospects of demonstrating either the required two-year service period or an applicable exception under Section 108 of the Employment Rights Act 1996.
Why this outcome?
No qualifying employment periodThe complaint was struck out because the claimant failed to meet the two-year service requirement under Section 108 of the Employment Rights Act 1996, and there were no reasonable prospects of demonstrating the required service period or any applicable exception to that requirement.
Claim Types
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Key Issues
- •whether claimant had two years service required for unfair dismissal claim
- •whether any exceptions to the two-year service requirement applied
- •constructive dismissal claim based on non-payment of wages
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Case Details
- Case No.
- 3301442/2024
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 8 August 2024
- Published
- 22 August 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Quill
Registered Company
- Company name
- YATHRA GROUP LTD
- Company number
- 11975693
- Industry
- Healthcare & Social Care
- Status
- active