Case 2414237/2021 · Employment Tribunal
Mr N Whiteside v Openreach Ltd — 2022
- Case reference
- 2414237/2021
- Decision date
- 26 July 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Aspinall. Employment
Parties
2 namedClaimant
Mr N Whiteside
Respondent
Key findings
Tribunal's reasoningThe claimant brought claims for unfair dismissal, disability discrimination and sex discrimination. He did not attend a case management hearing on 7 March 2022, after which Employment Judge Aspinall made an order requiring him to be ready at the next hearing to clarify the basis of his complaints, including issues about reinstatement, disability, alleged acts of discrimination and sex discrimination.
Employment Judge Aspinall also issued a strike out warning, stating that the claimant was at risk of his complaints being struck out if he did not actively pursue them. The claimant then failed to attend the case management hearing listed for 4 May 2022 and did not apply for a postponement.
Having found that the claimant had failed to attend two case management hearings without explanation, the Tribunal considered that he was not actively pursuing his claim. The claims for unfair dismissal, disability discrimination and sex discrimination were struck out, and the final hearing dates in May and June 2023 were vacated.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The unfair dismissal claim was struck out because the claimant failed to attend two case management hearings without explanation and the Tribunal considered he was not actively pursuing his claim. | Struck out | — | — |
| Disability discrimination | The disability discrimination claim was struck out because the claimant failed to attend two case management hearings without explanation and the Tribunal considered he was not actively pursuing his claim. | Struck out | Disability | — |
| Sex discrimination | The sex discrimination claim was struck out because the claimant failed to attend two case management hearings without explanation and the Tribunal considered he was not actively pursuing his claim. | Struck out | Sex | — |
Official outcome judgment PDF
Gov.uk primary recordThe 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.
Published on gov.uk under the Open Government Licence v3.0.
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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