Mr Mark Whyte v Openreach Ltd — 2022

Case reference: 2300673/2021
Decision date: 8 September 2022
Jurisdiction: England & Wales
Judge: Employment Judge Hamour

Indexed: 19 May 2026

Parties

2 named

Claimant

Mr Mark Whyte

Respondent

Openreach Ltd

Key findings

Tribunal's reasoning

The tribunal dismissed the claimant's application to amend his claim to include a claim of automatically unfair dismissal on health and safety grounds under s.100 of the Employment Rights Act 1996.

The tribunal found the respondent's application to strike out the claimant's unfair dismissal claim for lack of qualifying service was well-founded. The unfair dismissal claim was struck out for lack of jurisdiction.

Claims and outcomes

1 finding recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Unfair dismissal	The unfair dismissal claim was struck out for lack of jurisdiction due to lack of qualifying service. The claimant's application to amend to add automatically unfair dismissal on health and safety grounds under s.100 ERA 1996 was dismissed.	Struck out	—	—

Legal tests applied

1 reference

Official outcome judgment PDF

Gov.uk primary record

The official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.

Open official judgment PDF on gov.uk

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How we got this data

Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.

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