Claimant v Openreach Limited

The tribunal found that the claimant was unfairly dismissed by the respondent. The dismissal did not fall within the band of reasonable responses available to a reasonable employer in the circumstances.

The tribunal found that the claimant was subjected to unfavourable treatment because of something arising in consequence of his disability (ADHD with symptoms of anxiety and depression). The respondent failed to show that the treatment was a proportionate means of achieving a legitimate aim.

The tribunal found that the claimant was not subjected to direct disability discrimination. There was insufficient evidence that the claimant was treated less favourably than an actual or hypothetical comparator because of his disability.