Case 3300647/2023 · Employment Tribunal
Ms C Elliott C1 Ms M Fretes C2 v Thanureka Jegajeevan — 2025
- Case reference
- 3300647/2023
- Decision date
- 22 January 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Quill Date
Parties
2 namedClaimant
Ms C Elliott C1 Ms M Fretes C2
Respondent
Key findings
Tribunal's reasoningBy letters dated 17 February 2024, 2 September 2024 and 9 December 2024, the Tribunal told the claimants it was considering strike out because there were no reasonable prospects of success, and asked them to make representations or request a hearing. C1 replied to some earlier correspondence but did not address the later warning letter; C2 sent no correspondence after the claim was presented.
The Tribunal noted that the only early conciliation certificate mentioned in the claim form named "Happytimes day nursery and preschool" as the prospective respondent and C1 as the prospective claimant. It was proposed that the claims be struck out because there were no reasonable prospects of showing that either claimant had complied with the obligation to go through early conciliation in relation to Thanureka Jegajeevan before presenting a claim form naming that person as the only respondent.
Applying rule 37(2), the Tribunal was satisfied that the claimants had been given a reasonable opportunity to make representations, either in writing or at a hearing if requested. As neither claimant made written representations or asked for a hearing, each claim was struck out. The judgment records that any reconsideration application had to be made within the usual timescales and should address the points raised in the Tribunal's letters.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | C1's claim was struck out under rule 37 after the Tribunal concluded there were no reasonable prospects of showing compliance with the early conciliation obligation in relation to Thanureka Jegajeevan before presenting a claim form naming that respondent. | Struck out | — | — |
| Other | C2's claim was struck out under rule 37 for the same reason: the Tribunal concluded there were no reasonable prospects of showing compliance with the early conciliation obligation in relation to Thanureka Jegajeevan before presenting the claim. | Struck out | — | — |
Legal tests applied
3 references- rule 37(2)
- no reasonable prospects of success
- early conciliation obligation
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
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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