Claimant v Sodexo Limited
Outcome
Individual claims
The tribunal found that the claimant did not present his unfair dismissal claim within the statutory time limit when it was reasonably practicable for him to do so. The tribunal therefore did not have jurisdiction to consider the claim and it was dismissed.
The tribunal found that the claimant did not present his disability discrimination claim within the statutory time limit. The tribunal exercised its discretion and determined it was not just and equitable to extend time, resulting in dismissal of the claim.
Facts
Mr Gilbert brought claims of unfair dismissal and disability discrimination against his former employer Sodexo Ltd. The claims were presented outside the statutory time limits. The respondent challenged the tribunal's jurisdiction on time limit grounds at a preliminary hearing.
Decision
The tribunal found it did not have jurisdiction to hear either claim. The unfair dismissal claim was dismissed because it was not presented within the time limit when it was reasonably practicable to do so. The disability discrimination claim was dismissed because the tribunal declined to exercise its discretion to extend time on just and equitable grounds.
Practical note
Unrepresented claimants face significant risks when missing statutory time limits, as tribunals will strictly apply the reasonably practicable test for unfair dismissal and may decline to extend time even for discrimination claims.
Legal authorities cited
Case details
- Case number
- 6022202/2024
- Decision date
- 16 September 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Sodexo Limited
- Sector
- professional services
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No