3301442/2024Struck out

Yathra Group Ltd

8 August 2024·Employment Tribunal·England & Wales·Employment Judge Quill

Respondent

Yathra Group Ltd

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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 period

The 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.

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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

Original published judgment

The full source document is available from the official publication page.

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