Claimant v Openreach Limited
Outcome
Individual claims
The tribunal dismissed the claimant's claim under section 15 Equality Act 2010. While the specific reasoning was given orally, the claim that the dismissal constituted discrimination arising from disability was not established.
The tribunal dismissed the claimant's harassment claim under section 26 EqA. The tribunal did not find that the respondent's conduct amounted to harassment related to the claimant's disability.
The tribunal upheld the unfair dismissal claim under section 98 ERA 1996. The dismissal was found to be procedurally or substantively unfair, though a 25% Polkey reduction was applied reflecting some chance of fair dismissal, and 50% contributory fault was found.
Facts
David Steel was employed by Openreach Ltd from September 2019 until his dismissal on 16 February 2022, after approximately 2.5 years of service. He brought claims for discrimination arising from disability, harassment related to disability, and unfair dismissal. The claimant was unfit for work from his dismissal until 22 April 2022 (receiving SSP and bonus), then worked briefly at Travelstar before finding equivalent employment on 22 August 2022. The tribunal found evidence of contributory conduct on the claimant's part.
Decision
The tribunal dismissed both disability-related claims but upheld the unfair dismissal claim. The tribunal found the dismissal unfair but applied significant reductions: 25% for Polkey (chance the dismissal would have occurred fairly anyway) and 50% for the claimant's contributory fault. After accounting for the claimant's mitigation through new employment and adjusting for his period of illness, the total award was £3,807.06.
Practical note
Even when unfair dismissal is established, substantial Polkey and contributory fault reductions can dramatically reduce awards, particularly where the claimant's conduct contributed significantly to the dismissal and there was a real chance of fair dismissal occurring in any event.
Award breakdown
Award equivalent: 7.5 weeks' gross pay
Adjustments
25% Polkey reduction applied reflecting chance dismissal would have occurred fairly in any event
50% contributory fault reduction applied to both basic and compensatory awards
Legal authorities cited
Statutes
Case details
- Case number
- 1302659/2022
- Decision date
- 9 January 2025
- Hearing type
- full merits
- Hearing days
- 8
- Classification
- contested
Respondent
- Sector
- telecoms
- Represented
- Yes
- Rep type
- in house
Employment details
- Salary band
- £25,000–£30,000
- Service
- 2 years
Claimant representation
- Represented
- Yes
- Rep type
- union