Claimant v Openreach Limited
Outcome
Individual claims
This was a preliminary hearing to determine disability status only. The tribunal found that the claimant was disabled due to depression from 27 September 2023 to 9 August 2024, but not due to anxiety during the relevant period, and not due to depression before 27 September 2023. The substantive discrimination claims remain to be determined at a future hearing.
Facts
The claimant brought disability discrimination claims against Openreach Ltd. The relevant period agreed by the parties was 1 October 2022 to 9 August 2024. The claimant alleged disability on the grounds of both anxiety and depression. A preliminary hearing was held to determine whether the claimant met the statutory definition of disability under s.6 of the Equality Act 2010.
Decision
The tribunal found that the claimant was not disabled due to anxiety throughout the relevant period. The tribunal also found he was not disabled due to depression until 27 September 2023, but was disabled due to depression from that date until 9 August 2024. The substantive disability discrimination claims will proceed on the basis of depression disability from 27 September 2023 onwards only.
Practical note
In disability discrimination cases, tribunals may find different dates when a condition meets the statutory definition of disability, and separate conditions (here anxiety and depression) may be assessed differently even when co-occurring.
Legal authorities cited
Statutes
Case details
- Case number
- 2225885/2024
- Decision date
- 30 July 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