Cases1401270/2024

Claimant v Royal Mail Limited

15 May 2025Before Employment Judge Mr M SalterSouthamptonin person

Outcome

Claimant fails

Individual claims

Direct Discrimination(age)withdrawn

The claimant withdrew all complaints of direct age discrimination at the preliminary hearing.

Direct Discrimination(race)withdrawn

The claimant withdrew all complaints of direct race discrimination at the preliminary hearing.

Harassment(age)withdrawn

The claimant withdrew all complaints of harassment related to age at the preliminary hearing.

Harassment(race)withdrawn

The claimant withdrew all complaints of harassment related to race at the preliminary hearing.

Failure to Make Reasonable Adjustments(disability)failed

The tribunal found the claimant was not a disabled person within the meaning of the Equality Act 2010 at the relevant time (October 2023 to July 2024). While the respondent accepted the claimant had a mental impairment causing a substantial adverse effect on day-to-day activities, the tribunal concluded the claimant had not proved the effect was 'long-term' — it had not lasted 12 months and there was insufficient evidence it was likely to do so. Mental health difficulties began in October 2023 and the relevant period ended July 2024, only 9 months later.

Victimisationstruck out

Claims of victimisation against Mr. Windebank and Mr. Roberts (relating to failure to contact the claimant on 1 December 2023) were struck out as presented outside the primary limitation period. The tribunal refused to extend time on a just and equitable basis, finding significant delay (around 8 months), no adequate explanation (the claimant knew the facts by April 2024 when he presented his first claim), and no compelling prejudice to the claimant as his victimisation claim against Ms Phillips on the same factual issue was proceeding.

Facts

The claimant, a long-serving Royal Mail employee, brought discrimination claims against Royal Mail and individual managers. He suffered from stress, depression and anxiety starting in October 2023 following a workplace conversation. He was prescribed medication, received occupational health support, and obtained a fit note recommending workplace adaptations. By July 2024 he was at work with amended duties. The claimant presented his first claim in May 2024 and a second in November 2024 adding further respondents based on facts he knew in April 2024.

Decision

The tribunal dismissed all claims: direct age and race discrimination and harassment were withdrawn by the claimant. The reasonable adjustments claim failed because the claimant was not disabled at the relevant time — his mental health difficulties had not lasted 12 months and there was insufficient evidence they were likely to do so. Victimisation claims against two individual respondents were struck out as presented outside the 3-month time limit, with the tribunal refusing a just and equitable extension given the significant unexplained delay and the fact the claimant knew the facts months earlier when he presented his first claim.

Practical note

A claimant asserting disability must prove the substantial adverse effect is long-term with cogent evidence; presenting a second claim against additional respondents based on facts known when the first claim was filed risks time-bar and potential abuse of process findings.

Legal authorities cited

Aderemi v London and South Eastern Railway Ltd [2013] ICR 591Tesco Stores Ltd v Tennant (2019) UKEAT/0167/19/OORoyal Borough of Greenwich v Syed EAT 0244/14Boyle v SCA Packaging Ltd [2009] UKHL 37Robertson v Bexley Community Centre [2003] IRLR 434ABMU v Morgan [2018] IRLR 1050Miller v MoJ UKEAT/0003/15Pathan v South London Islamic Centre EAT 0312/13Southwark London Borough Council v Afolabi [2003] ICR 800Abertawe Bro Morgannwg University Local Health Board v Morgan [2018] ICR 1194Szucs v GreenSquareAccord Ltd [2025] EAT 110Keeble v British Coal Corporation [1997] IRLR 336Goodwin v Patent Office [1999] ICR 302Elliott v Dorset County Council (2021) UKEAT/0197/20/LA(V)Sullivan v Bury Street Capital [2022] IRLR 159

Statutes

Equality Act 2010 s.123Equality Act 2010 Sch 1 para 2Equality Act 2010 s.6

Case details

Case number
1401270/2024
Decision date
15 May 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
public sector
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
Yes
Rep type
union