Claimant v Sainsburys Supermarkets Ltd
Outcome
Individual claims
The claimant did not have the requisite two years' continuous service required by section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint. The claimant was employed for less than two years and failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity to do so.
Facts
The claimant, Mr Sibley, brought an unfair dismissal claim against Sainsburys Supermarkets Limited. He had been employed by the respondent for less than two years before his employment ended. The judgment notes that the claimant has other complaints not affected by this judgment, suggesting this was a multi-claim case.
Decision
The tribunal struck out the unfair dismissal claim because the claimant lacked the necessary two years' continuous employment required by section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason.
Practical note
Claimants must have at least two years' qualifying service to bring an ordinary unfair dismissal claim, and tribunals will strike out claims lacking this jurisdictional requirement even where other claims may continue.
Legal authorities cited
Statutes
Case details
- Case number
- 1401686/2025
- Decision date
- 29 August 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No