Cases→6003679/2024

Claimant v Openreach Limited

6 March 2025Before Employment Judge SerrManchesterremote video

Outcome

Partly successful

Individual claims

Unfair Dismissalstruck out

The claim was not presented within the applicable time limit under s.95 and s.98 ERA 1996. The tribunal found it was reasonably practicable for the claimant to have presented the claim in time, therefore the claim was dismissed.

Direct Discrimination(disability)not determined

Claim was presented out of time but the tribunal exercised its discretion to extend time on a just and equitable basis under the Equality Act 2010. The claim will proceed to a full merits hearing.

Discrimination Arising from Disability (s.15)(disability)not determined

Claim under s.15 Equality Act 2010 was presented out of time but the tribunal extended time on a just and equitable basis. The claim will proceed to a full merits hearing.

Failure to Make Reasonable Adjustments(disability)not determined

Claim under s.21 Equality Act 2010 was presented out of time but the tribunal extended time on a just and equitable basis. The claim will proceed to a full merits hearing.

Facts

Paul Rhodes brought claims of unfair dismissal and disability discrimination (direct discrimination, discrimination arising from disability, and failure to make reasonable adjustments) against his former employer Openreach Limited. All claims were presented outside the applicable time limits. This was a preliminary hearing to determine whether the tribunal should extend time to allow the claims to proceed.

Decision

The tribunal dismissed the unfair dismissal claim because it was presented out of time and it was reasonably practicable for the claimant to have presented it in time. However, the tribunal exercised its discretion to extend time on a just and equitable basis for all three disability discrimination claims, which will therefore proceed to a full merits hearing.

Practical note

Tribunals apply different tests for extending time in unfair dismissal claims (reasonably practicable) versus discrimination claims (just and equitable), with the latter providing significantly broader discretion to allow late claims to proceed.

Legal authorities cited

Statutes

Equality Act 2010 s.13Employment Rights Act 1996 s.95Equality Act 2010 s.21Equality Act 2010 s.15Employment Rights Act 1996 s.98

Case details

Case number
6003679/2024
Decision date
6 March 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Name
Openreach Limited
Sector
telecoms
Represented
Yes
Rep type
in house

Claimant representation

Represented
No
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