Claimant v Sodexo Limited — 2023

The claimant complained that he had been unfairly dismissed by Sodexo Limited. The respondent argued that the claim was presented out of time, and the preliminary hearing was listed to determine jurisdiction. The Tribunal found that the claimant was told by telephone on 2 September 2022 that he was summarily dismissed, and that this was later confirmed in the written dismissal letter received in October 2022.

The Tribunal found that the effective date of termination was 2 September 2022. On that basis, the claimant should have presented his claim by 1 December 2022. He did not contact ACAS until 30 December 2022 and did not present the claim until 11 February 2023, so he did not benefit from an extension of time through early conciliation.

The claimant relied principally on advice from his trade union that dismissal took effect when he received the dismissal letter and that he should await the outcome of his appeal before presenting a Tribunal claim. The Tribunal found that this advice was incorrect but, applying the authorities on reasonable practicability, concluded that it remained reasonably practicable for the claimant to present the claim in time. The Tribunal therefore held that it lacked jurisdiction and dismissed the claim.