Claimant v Sysco GB Limited
Outcome
Individual claims
The claim was dismissed pursuant to Section 108 of the Employment Rights Act 1996 because the claimant did not have the required two years' continuous service. The claimant was employed from 13 March 2023 to 6 February 2025, falling five weeks short of the qualifying period. The tribunal had no jurisdiction to hear the claim.
Facts
The claimant was employed as a Warehouseman from 13 March 2023 to 6 February 2025, when he was dismissed for gross misconduct relating to misuse of a Christmas food voucher. He brought an unfair dismissal claim, arguing the dismissal was procedurally unfair and potentially motivated by avoiding him reaching two years' service. The claimant did not attend the preliminary hearing and the respondent was represented by counsel.
Decision
The tribunal dismissed the unfair dismissal claim for lack of jurisdiction. The claimant was five weeks short of the two years' continuous service required under section 108 ERA 1996. The claimant's allegations about the respondent's motivation and procedural fairness were irrelevant to the jurisdictional question.
Practical note
A claimant dismissed just short of two years' service has no claim for ordinary unfair dismissal regardless of the employer's motivation or procedural fairness, unless claiming automatically unfair dismissal.
Legal authorities cited
Statutes
Case details
- Case number
- 6020132/2025
- Decision date
- 24 October 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Sysco GB Limited
- Sector
- logistics
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Warehouseman
- Service
- 2 years
Claimant representation
- Represented
- No