BT plc and EE Ltd

Case Summary

This is a preliminary hearing judgment on a strike out application in a case brought by Mr W Saunders against BT Plc and EE Limited. The tribunal struck out one specific allegation of harassment related to sexual orientation concerning an alleged November 2022 incident, finding it had no reasonable prospect of success. The remainder of the strike out/deposit order application was refused.

The tribunal struck out the allegation of harassment related to sexual orientation because it determined that the allegation had no reasonable prospect of success under Rule 38 of the Employment Tribunal Rules of Procedure 2024. The written reasons were not provided in this judgment as they were given orally at the hearing.

• •Strike out application under Rule 38 of Employment Tribunal Rules of Procedure 2024
• •Whether an allegation of harassment related to sexual orientation has reasonable prospect of success

Case No: 2407165/2023 and 6033749/2025 EMPLOYMENT TRIBUNALS Claimant: Mr W Saunders Respondent: (1) BT Plc (2) EE Limited Heard at: Manchester (in public) On: 30 April and 01 May 2026 Before: Employment Judge M Butler (sitting alone) Representatives For the claimant: Mr D Jones (of Counsel) For the respondent: Miss a Defriend (of Counsel) JUDGMENT ON STRIKE OUT AT PUBLIC PRELIMINARY HEARING 1. The following allegation of harassment related to sexual orientation has been struck out pursuant to Rule 38 of the Employment Tribunal Rules of Procedure 2024 for having no reasonable prospect of success: “In November 2022 attacked the claimant and threw a phone at him, towered over the claimant repeatedly swearing at him and using the ‘F word’, the ‘C word’ and ‘N word’ repeatedly. (Josephine Ashcroft Hyatt). The claimant reported this but no action was taken by the respondent’s management.” 2. The remainder of the strike out/deposit order application is refused. Approved by: Employment Judge M Butler Date_01 May 2026____ Case No: 2407165/2023 and 6033749/2025 JUDGMENT SENT TO THE PARTIES ON 18 May 2026 FOR THE TRIBUNAL OFFICE Notes Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Public access to employment tribunal decisions Judgments and reasons for the judgments are published, in full, online at www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent …