Mr B Large, counsel For the v Mr I Winnow, solicitor — 2026

This was a liability judgment in joined claims by two former employees of MyFood365 Ltd, who said they had been summarily dismissed on 9 July 2024. The Respondents had been refused permission to file a response out of time and were largely barred from participating on liability, although the tribunal admitted a P45 and P60 relating to the Second Claimant because they went to jurisdiction. The First Claimant's unfair dismissal claim succeeded under s.98(4) ERA 1996, no potentially fair reason having been shown; questions of Polkey reduction and contribution were reserved to the remedy hearing.

The Second Claimant's unfair dismissal claim was dismissed on jurisdictional grounds. The tribunal was not satisfied that he had two years' continuous employment at the date of dismissal, rejecting the argument under s.212(3)(c) ERA that a six-month absence in East Timor counted by arrangement or custom; the P45 dated 28 January 2024 and a P60 showing payment of only £2,805.00 in the relevant tax year were treated as consistent with a break in employment. Both Claimants' wrongful dismissal claims succeeded, the tribunal accepting that they were dismissed without notice and that no gross misconduct or other fundamental breach had been shown. Both Claimants also succeeded in their s.38 Employment Act 2002 claims for failure to provide a statement of particulars.

The direct race and age discrimination claims under s.13 Equality Act 2010 were dismissed. The tribunal found no facts capable of shifting the burden of proof under s.136(2) EqA: the First Claimant had been employed for around nine years, the Second Claimant had been re-employed, the First Claimant's brother (of the same nationality) remained employed, and the workforce comprised a small group of employees of varied nationality and age. The indirect race and age discrimination claims, and the claims for a redundancy payment, were dismissed on withdrawal. A remedy hearing was listed for 7 August 2026.