Claimant v Sainsbury's Supermarkets Ltd
Outcome
Individual claims
The claim was struck out because the claimant had less than two years service and therefore did not meet the qualifying period required by Section 108 of the Employment Rights Act 1996. The claimant was given the opportunity to provide an acceptable reason why the complaint should not be struck out but failed to do so.
This claim was not affected by the strike-out judgment. The tribunal noted that the claimant can bring a complaint of dismissal as part of her disability discrimination claim, which remains live.
Facts
Mrs Bhongle was employed by Sainsbury's Supermarkets Ltd for less than two years before being dismissed. She brought claims including unfair dismissal and disability discrimination against her former employer. The tribunal held a strike-out hearing to determine whether her unfair dismissal claim could proceed given her length of service.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years service under 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. Her disability discrimination claim, which can include allegations about dismissal, remains unaffected.
Practical note
Claimants without two years service cannot bring standalone unfair dismissal claims, but can still challenge dismissal through discrimination claims where the dismissal itself may constitute an act of discrimination.
Legal authorities cited
Statutes
Case details
- Case number
- 3304158/2024
- Decision date
- 8 January 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No