Cases6006064/2025

Claimant v Sysco GB Limited

27 October 2025Before Employment Judge Kenwardon papers

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The claim was struck out because the Claimant had less than two years' continuous service with the Respondent. Section 108 of the Employment Rights Act 1996 requires not less than two years' service to bring an unfair dismissal complaint. The Claimant was given the opportunity to provide reasons why the complaint should not be struck out but did not provide an acceptable reason.

Facts

Mr Pazeer brought a claim of unfair dismissal against Sysco GB Limited. He had been employed by the Respondent for less than two years. The tribunal sent a strike out warning letter on 25 April 2025 inviting the Claimant to explain why the claim should not be struck out. The Claimant did not provide an acceptable reason despite being given the opportunity to do so.

Decision

The tribunal struck out the unfair dismissal complaint on the basis that the Claimant had less than two years' continuous service. Section 108 of the Employment Rights Act 1996 requires not less than two years' service to bring an ordinary unfair dismissal claim. The judgment noted that other complaints brought by the Claimant were not affected.

Practical note

Ordinary unfair dismissal claims require a minimum of two years' continuous service, and claims without this qualifying period will be struck out unless an exception applies (such as automatically unfair reasons).

Legal authorities cited

Statutes

ERA 1996 s.94ERA 1996 s.98ERA 1996 s.108ERA 1996 s.111

Case details

Case number
6006064/2025
Decision date
27 October 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
logistics
Represented
No

Employment details

Service
2 years

Claimant representation

Represented
No