Claimant v Royal Mail Limited
Outcome
Individual claims
The claimant withdrew all complaints of direct age discrimination at the preliminary hearing.
The claimant withdrew all complaints of direct race discrimination at the preliminary hearing.
The claimant withdrew all complaints of harassment related to age at the preliminary hearing.
The claimant withdrew all complaints of harassment related to race at the preliminary hearing.
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.
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The tribunal dismissed all claims: direct age and race discrimination and harassment were withdrawn by the claimant.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
Statutes
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