Ms A Ambili v Sonder Hospitality UK Ltd — 2025

At the case management hearing on 27 March 2025, the tribunal discussed the claimant's unfair dismissal complaint and her period of service. The claimant was unrepresented, and it was agreed that she had less than six months' service with the respondent. The tribunal explained that an ordinary unfair dismissal claim could not succeed with less than two years' service unless it fell within a category of automatic unfair dismissal, and concluded that the documents and discussion did not disclose any such category. The claimant therefore agreed orally to withdraw the unfair dismissal complaint, and the tribunal dismissed it on that basis.

On 29 March 2025 the claimant asked for reconsideration under rule 68, arguing that her dismissal fell within sections 100 and 103A of the Employment Rights Act 1996. The tribunal decided the reconsideration application could be determined on the papers, and later received further written submissions from both parties. It accepted that, although the claimant had withdrawn the claim voluntarily, she was unrepresented and may not have been able to think through her position fully at the hearing, and may have felt under pressure to withdraw.

The tribunal nevertheless refused reconsideration. It held that section 100 ERA 1996 was not a general provision for any dismissal where health and safety was mentioned, and that nothing in the claimant's case brought it within one of the tightly drawn categories covered by that section. It also held that, although the claim referred to complaints about unsafe working practices, the original case was clearly based on direct discrimination, harassment and victimisation, and not on protected disclosures; treating the later whistleblowing arguments as a basis for automatic unfair dismissal would amount to a significant amendment and expansion of the case. The tribunal therefore confirmed the dismissal of the unfair dismissal complaint on withdrawal.