Claimant v Openreach Limited

The tribunal found the reason for dismissal was capability (stress and anxiety preventing the claimant from working). The employer acted reasonably: consulted with the claimant, obtained occupational health advice, considered alternatives including a more junior role, and balanced the claimant's indefinite absence and statement that he may never return to his Patch Lead role against business needs including impact on colleagues and service levels. Dismissal was within the range of reasonable responses.

The claim was for discrimination arising from disability (s.15 Equality Act). The tribunal found unfavourable treatment (dismissal) because of absence arising from disability. However, the respondent successfully showed the dismissal was a proportionate means of achieving legitimate aims: ensuring service quality, appropriate working environment, effective resource management, and meeting OFCOM regulatory requirements. The balance between the claimant's indefinite absence and business needs was appropriately struck.

One adjustment claim (waiting 3 months for phased return per OH recommendation) was in time but failed on merits: OH did not recommend waiting 3 months but stated return date unknown and unlikely within 3 months; it was reasonable not to wait indefinitely. Other adjustment claims (assisted job search, light duties, flexible working, buddy system, alternative role) were out of time (related to Summer/end September 2023, claim filed May 2024). Tribunal declined to extend time as claims were unmeritorious: the claimant was too unwell to work in any capacity after the respondent gained knowledge of disability (21 November 2023), so the adjustments would not have been effective.