Ms Courtney Step-Marsden, of counsel For the v Respondent — 2025

This was a reserved unanimous liability judgment of an Employment Tribunal sitting at Watford (Employment Judge Hyams with members Mr R Jewell and Mr A Scott), heard over 19-27 August 2025 with private deliberations on 28-29 August 2025. The claimant, Mr M York, brought claims against Openreach Limited for unfair dismissal, wrongful dismissal, direct disability discrimination, discrimination arising from disability under s.15 EqA 2010, failure to make reasonable adjustments under ss.20-21 EqA 2010, and unlawful deductions from wages.

The tribunal concluded that the claimant was neither unfairly nor wrongfully dismissed. It found that the respondent did not directly discriminate against the claimant because of disability, did not breach s.15 of the Equality Act 2010, and did not fail to make a reasonable adjustment within the meaning of s.20. The reasonable adjustments claim was held not to succeed in any event, with the tribunal accepting that the respondent's investigation approach was a proportionate means of achieving a legitimate aim and that, in its judgment, the claimant had no difficulty in responding to questions about his conduct.

The unlawful deductions claim was dismissed: claims relating to 2016 night shift payments and dirt and discomfort allowance were out of time and outside the tribunal's jurisdiction, and the claim to Outer London Weighting payments failed because the claimant did not put forward sufficient evidence to establish entitlement or that he had asked Mr Butler to change his designated workplace. The tribunal concluded that none of the claimant's claims succeeded and all were dismissed.