Mr Paul Oakshott v The Felixstowe Dock and Railway Company — 2023

This was a public preliminary hearing on the respondent's application to strike out out-of-time elements of the disability discrimination case. The tribunal clarified that the claimant continued to pursue unfair dismissal and disability discrimination connected with his dismissal, but was not pursuing whistleblowing or reasonable adjustments claims.

The tribunal identified four allegations said to amount to disability-related harassment, with the latest alleged incident in August 2021. It held that, even taking the claimant's case at its highest, there was no reasonable prospect of persuading the tribunal at trial that those incidents formed part of a continuing course of conduct culminating in the dismissal. The judge also noted there was no discernible link between the harassment allegations and the dismissal decision, and that it was unclear how the matters complained of related to disability in any event.

The tribunal further held there was no reasonable prospect of establishing that it would be just and equitable to extend time. It considered the delay, the likely impact on the cogency of evidence, and the relative prejudice to the parties. It therefore struck out the harassment related to disability claim, while the unfair dismissal and dismissal-related disability discrimination complaints remained extant.