Mrs SR Patel v Yathra Group Ltd: 3301442/2024
JUDGMENT
The complaint that the claimant was unfairly dismissed is struck out.REASONS
[1]The claimant complains of unfair dismissal.[2]Section 108 of the Employment Rights Act 1996 requires a claimant to have not less than two years service to make an unfair dismissal complaint, unless one of the specific exceptions apply.[3]The claim form implies that the claimant was employed by the respondent for less than two years.[4]The Claimant’s representative sent email to the Tribunal dated 30 May 2024 (which, in breach of rules, does not seem to have been sent to the Respondent, but that does not matter for the purposes of this judgment).[5]The Claimant’s reasons for leaving (and the reason the circumstances are said to amount to constructive dismissal) are said to be a combination of nonpayment of the Claimant’s own wages, and the Claimant’s knowledge that other people had also not been paid. The email states “Dr Patel decided to leave the business for no reason than being unpaid.”[6]There are no reasonable prospects that the Claimant can either(i) demonstrate that she had been employed for at least two years or(ii) show Case No: 3301442/2024 that one of the exceptions to that general rule applies. Accordingly, the complaint of unfair dismissal is struck out.[7]The claimant’s other complaints are not affected by this judgment, and separate orders for the Claimant’s claim, and for the Employer’s claim, have been sent.