Claimant v Serco Limited
Outcome
Individual claims
Struck out for want of jurisdiction. Tribunal found claimant's employment with respondent commenced on 17 March 2023 (before that he was employed by agency Berkely Scott). Even taking the latest possible end date, claimant did not have the required two years' service for unfair dismissal. Additionally, ET1 submitted 7 March 2024 clearly indicated employment had ended by that date.
Claim for 39.81 hours of unpaid holiday pay allowed to proceed but subject to deposit order of £50 as tribunal found little prospect of success that claim fits within statutory wording for unlawful deduction from wages. Claim for any amount beyond 39.81 hours struck out as claimant failed to particularise calculation and amount appears to relate to period when not employed by respondent.
Claims found to be in time as part of continuing act from 21 September 2023 relating to investigation and suspension. Tribunal declined to strike out or make deposit order, finding that while there are concerns about the allegations, discrimination claims should generally be decided after full hearing. Claimant alleges he was investigated due to race and white colleagues facing allegations were not investigated.
Facts
Claimant worked at asylum hotel operated by Serco, initially through agency Berkely Scott from October 2022, then directly for Serco from March 2023 as casual worker. In September 2023 allegations made against him by hotel residents. He was suspended on 21 September 2023 and investigation concluded 29 September 2023 finding no wrongdoing but that he was over-familiar with residents and should not work at that location again. He was offered alternative work which he refused. He brought claims for unfair dismissal, unlawful deduction of wages (holiday pay) and race discrimination.
Decision
Tribunal struck out unfair dismissal claim for lack of jurisdiction as claimant did not have two years' service (employment with Serco only commenced March 2023, not October 2022 when he worked through agency). Part of holiday pay claim struck out, remainder subject to £50 deposit order as little prospect of success. Race discrimination claims allowed to proceed as in time (continuing act from 21 September 2023) and should not be struck out at preliminary stage.
Practical note
Agency workers cannot count service with the agency as service with the end-user unless it is necessary to imply an employment relationship to give effect to the reality of the arrangement; race discrimination claims will rarely be struck out at preliminary stage even where concerns exist about the strength of allegations.
Legal authorities cited
Statutes
Case details
- Case number
- 3302912/2024
- Decision date
- 13 October 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Serco Limited
- Sector
- public sector
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- housing officer
- Service
- 1 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep