MyFood365 Ltd and Ms P Xuan

Case Summary

Two employees of an oriental food store were dismissed summarily in July 2024. The First Claimant's unfair dismissal claim succeeded; the Second Claimant's failed on the basis he did not have the required two-year qualifying period. Both Claimants' claims for wrongful dismissal and under s.38 Employment Act 2002 succeeded. All discrimination and redundancy claims were dismissed or withdrawn.

The First Claimant succeeded in his unfair dismissal claim after being employed for over 8 years; the Second Claimant failed because he did not have two years of continuous employment at the date of dismissal (he had a break in service and insufficient service in his second period of employment, with only £2,805 earned in the relevant financial year). Both Claimants succeeded on wrongful dismissal (lack of notice) and s.38 Employment Act 2002 claims. Race and age discrimination claims were dismissed on the merits or withdrawn.

• •Unfair dismissal for First Claimant
• •Unfair dismissal for Second Claimant - whether qualifying period met
• •Wrongful dismissal (lack of notice)
• •Section 38 Employment Act 2002 (failure to provide statutory statement)
• •Direct race and/or age discrimination
• •Indirect race and/or age discrimination
• •Redundancy payment claim
• •Whether Second Claimant had two years' service as at dismissal date

(CVP) 3311662/2024 (CVP) 1 of 6 EMPLOYMENT TRIBUNALS Claimant Respondent Mr N Dias Marques MyFood365 Ltd Mr Erino Dos Santos Cruz Ms Peiyun Xuan Heard at: Reading (CVP) On: 23 March 2026 Before: Employment Judge S Moore (sitting alone) Appearances For the Claimants: Mr B Large, counsel For the Respondents: Mr I Winnow, solicitor JUDGMENT 1. The First Claimant’s claim for unfair dismissal succeeds. 2. The Second Claimant’s claim for unfair dismissal is dismissed. 3. The First and Second Claimants’ claims for wrongful dismissal succeed. 4. The First and Second Claimants’ claims under s.38 Employment Act 2002 succeed. 5. The First and Second Claimants’ claims of direct race and/or age discrimination are dismissed. 6. The First and Second Claimants’ claims of indirect race and/or age discrimination are dismissed on withdrawal. 7. The First and Second Claimants’ claims for a redundancy payment are dismissed on withdrawal. REASONS Introduction 1. On 26 November 2024 the First Claimant (Mr Dias Marques) and the Second Claimant (Mr Erino Dos Santos Cruz) brought claims for unfair dismissal, race and/or age discrimination, for a redundancy payment and for notice pay. (CVP) 3311662/2024 (CVP) 2 of 6 2. The First Respondent is a company that carries on the business of being an oriental food store. The Second Respondent is the sole director of the First Respondent. 3. The First Claimant stated he had been employed by the Respondent as an assistant between 9 November 2015 and 9 July 2024, when he was summarily dismissed. He was then aged 43 yrs. 4. The Second Claimant stated he had been employed by the Respondent as an assistant between 1 Septemb…