Mrs D Sewell v Sainsbury’s Supermarkets Ltd: 2301073/2023

EMPLOYMENT TRIBUNALS
Case No 2301073/2023
Mrs D SewellClaimantSainsbury’s Supermarkets LtdRespondent
Employment Judge FlanaganMs Howells (instructed by Counsel) for respondentDate 17 October 2023

JUDGMENT

[1]The Claimant’s employer was Sainsbury’s Supermarkets Ltd; the Respondent’s details are therefore substituted from Sainsbury’s Plc to Sainsbury’s Supermarkets Ltd.[2]The Claimant’s claims for constructive unfair dismissal and ‘other type of claim’ are struck out.

REASONS

[3]Section 108 of the Employment Rights Act 1996 requires a Claimant to have not less than two years’ service to make a complaint of unfair dismissal. The Claimant was employed by the Respondent for less than two years. The Claimant is therefore not entitled to bring such a complaint.[4]The Claimant’s claims for ‘other types of claim’ are struck out as disclosing no reasonable prospects of success. 10.2 Judgment - rule 61 February Case No: 2301073/2023