Case 2307514/2023 · Employment Tribunal
Ms Kukua Yorke v The Secretary of State for Justice and 1 other — 2025
- Case reference
- 2307514/2023
- Decision date
- 24 March 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Wright
Parties
3 namedClaimant
Ms Kukua Yorke
Key findings
Tribunal's reasoningThe claimant applied for reconsideration of a decision made on 13 March 2025 striking out elements of her claim. Although the reconsideration request was received outside the 14-day time limit under Rule 69 of the Employment Tribunal Procedure Rules 2024, the tribunal allowed an extension of time because the claimant had written earlier indicating an intention to apply and seeking more time to prepare reasons.
The tribunal refused reconsideration. In relation to constructive dismissal, it found that the medical evidence provided was limited and did not alter the assessment of prospects of success, and that the claim lacked a factual basis because the underlying allegations about the respondents' conduct had already been struck out.
On the race-related grounds, the tribunal found that the claimant was restating arguments from the earlier hearing and making assertions that race was a factor without evidence or sufficient explanation. It found no reasonable prospects of the original order being varied or set aside on any individual ground, and found that the cumulative effect of the grounds did not change that assessment.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | The reconsideration request concerning the earlier strike out of the constructive dismissal claim was refused. The judge stated that the delay in resignation was a factor, but that the more significant point was that the underlying allegations about the respondents' conduct had already been struck out, leaving no factual basis for the constructive dismissal claim. | Struck out | — | — |
| Race discrimination | The reconsideration request concerning the earlier strike out of race-related complaints was refused. The judgment describes the claimant's grounds as assertions of racism and finds no reasonable prospects of the original order being varied or set aside. | Struck out | Race | — |
Legal tests applied
2 references- Rule 69 of The Employment Tribunal Procedure Rules 2024
- no reasonable prospects of the original order being varied or set aside
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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