Cases1600191/2025

Claimant v Openreach Limited

15 August 2025Before Employment Judge LeithCardiff

Outcome

Claimant fails

Individual claims

Direct Discrimination(race)struck out

The claim of direct race discrimination was brought outside the time limit prescribed by section 123 of the Equality Act 2010. The tribunal found it had no jurisdiction to consider the claim and dismissed it.

Direct Discrimination(sex)struck out

The claim of direct sex discrimination was brought outside the time limit prescribed by section 123 of the Equality Act 2010. The tribunal found it had no jurisdiction to consider the claim and dismissed it.

Harassment(sex)struck out

The claim of sexual harassment was brought outside the time limit prescribed by section 123 of the Equality Act 2010. The tribunal found it had no jurisdiction to consider the claim and dismissed it.

Victimisationstruck out

The claim of victimisation was brought outside the time limit prescribed by section 123 of the Equality Act 2010. The tribunal found it had no jurisdiction to consider the claim and dismissed it.

Facts

Mr Prentice brought claims of direct race discrimination, direct sex discrimination, sexual harassment and victimisation against his employer Openreach Ltd. The case came before the tribunal for a preliminary hearing on the issue of jurisdiction and time limits.

Decision

Employment Judge Leith found that all four discrimination claims were brought outside the statutory time limit prescribed by section 123 of the Equality Act 2010. The tribunal ruled it did not have jurisdiction to consider the claims and dismissed them all.

Practical note

Discrimination claims must be brought within the strict time limits set out in the Equality Act 2010, and tribunals have no jurisdiction to hear claims presented outside those limits unless there are grounds to extend time.

Legal authorities cited

Statutes

Equality Act 2010 s.123

Case details

Case number
1600191/2025
Decision date
15 August 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
telecoms
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
Yes
Rep type
lay rep