Sainsbury’s Supermarkets Ltd

Case Summary

The claimant's claim for unfair dismissal was dismissed. The tribunal found the respondent had a potentially fair reason to dismiss the claimant and acted reasonably in doing so.

The tribunal found the respondent had a potentially fair reason for dismissal under section 98(2)(b) of the Employment Rights Act and that the respondent acted reasonably in treating that reason as sufficient for dismissal under section 98(4), thereby making the dismissal fair both procedurally and substantively.

• •The claimant's claim for unfair dismissal is not well founded and is dismissed
• •The respondent had a potentially fair reason to dismiss the claimant within section 98(2)(b) of the Act
• •The respondent acted fairly in dismissing for that reason because the respondent acted reasonably in treating the reason as a sufficient reason for dismissing the claimant within the meaning of section 98(4) of that Act

1 EMPLOYMENT TRIBUNALS BETWEEN Claimant: Mr Abjol Hussain AND Respondent: Sainsbury’s Supermarkets Ltd JUDGMENT OF THE EMPLOYMENT TRIBUNAL Heard at: London South (Croydon) (by video link) On: 20 and 21 November 2025 Case number: Before: 6019164/2024 Employment Judge M Da Costa APPEARANCES: Claimant: In person via video link - unrepresented Respondent: Mr Amitpal Bachu of counsel for the respondent 2 JUDGMENT The judgment of the Tribunal is as follows: Complaint of unfair dismissal pursuant to section 111(1) Employment Rights Act 1996 contrary to section 94 of that Act 1. The claimant’s claim for unfair dismissal is not well founded and is dismissed. 2. The respondent had a potentially fair reason to dismiss the claimant within section 98(2)(b) of the Act. 3. The respondent acted fairly in dismissing for that reason because the respondent acted reasonably in treating the reason as a sufficient reason for dismissing the claimant within the meaning of section 98(4) of that Act. M Da Costa Employment Judge M Da Costa 28 November 2025 Note Reasons for the judgment were given orally at the hearing. Written reasons will not be provided unless a party asked for them at the hearing or a party makes a written request within 14 days of the sending of this written record of the decision. Note - Public access to employment tribunal decisions Judgments (apart from judgments under rule 52) and reasons for the judgments are published, in full, online at www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimant(s) and respondent(s) in a case.