Case 3311242/2024 · Employment Tribunal
Mr Yusuff, of counsel For the v Respondent — 2026
- Case reference
- 3311242/2024
- Decision date
- 24 April 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hyams Members
- Panel members
- Mr D Sagar, Ms I Sood
Parties
1 namedClaimant
Mr Yusuff, of counsel For the
Respondent
- —
Key findings
Tribunal's reasoningThe Tribunal unanimously held that Mr Akash Gurung had resigned and was not dismissed within section 95(1)(c) of the Employment Rights Act 1996 or section 39(7)(b) of the Equality Act 2010. His claim based on constructive dismissal therefore did not succeed.
The Tribunal dismissed the claims of direct race discrimination and direct sex discrimination under section 13 of the Equality Act 2010, and indirect race discrimination under section 19 of that Act. The written liability judgment records those outcomes but does not set out the underlying reasoning, which was given orally at the hearing.
The breach of contract claim was also dismissed. As all claims failed at the liability stage, the judgment recorded no monetary award or remedy.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | The Tribunal held that the claimant resigned and was not dismissed within section 95(1)(c) of the Employment Rights Act 1996 or section 39(7)(b) of the Equality Act 2010. | Dismissed | — | — |
| Race discrimination | Direct race discrimination under section 13 of the Equality Act 2010. | Dismissed | Race | — |
| Sex discrimination | Direct sex discrimination under section 13 of the Equality Act 2010. | Dismissed | Sex | — |
| Race discrimination | Indirect race discrimination under section 19 of the Equality Act 2010. | Dismissed | Race | — |
| Breach of contract | Recorded from the judgment. | Dismissed | — | — |
Legal tests applied
5 references- section 95(1)(c) Employment Rights Act 1996
- section 39(7)(b) Equality Act 2010
- section 13 Equality Act 2010 (direct discrimination)
- section 19 Equality Act 2010 (indirect discrimination)
- section 39(2) Equality Act 2010
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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