Openreach Ltd

Case Summary

The claimant was employed by the respondent as a Customer Service Engineer. He brought claims relating to disability discrimination and failure to make reasonable adjustments. The key issues in the preliminary hearing were whether the claimant was disabled under the Equality Act 2010 and the case management of the final hearing.

• •Whether the Claimant was a disabled person pursuant to section 6 of the Equality Act 2010 at the material time
• •Claimant's amendment application
• •Identification of the claims to be determined at the final hearing
• •Listing and timetabling of the final hearing

1 of 9 EMPLOYMENT TRIBUNALS Claimant: Mr Benjamin Lowe Respondent: Openreach Ltd RECORD OF A PRELIMINARY HEARING Heard at: Bodmin Employment Tribunal (hybrid hearing) On: 31 October 2025 Before: Employment Judge Volkmer Representation Claimant: in person accompanied by Mrs Lowe (his mother) Respondent: Ms Jervis In House Advocate for the Respondent (not a regulated legal professional) Ms Millington Day (paralegal for the Respondent) RESERVED JUDGMENT The Claimant was disabled by reason of ADHD, PTSD and anxiety at the relevant time. REASONS Background 1. The Claimant was employed by the Respondent between 23 January 2012 and 29 March 2024 as a Customer Service Engineer. The Claimant commenced the Early 2 of 9 Conciliation process with ACAS on 17 May 2024. The Early Conciliation Certificate was issued on 25 June 2024. The claim form was presented on 25 July 2024. 2. A Preliminary Hearing took place on 22 April 2025 before Employment Judge Hastie. The Case Management Order from that hearing, dated 5 May 2025 and sent to the parties on 15 May 2025 (I will refer to this as the “CMO”), set out at paragraph 5 that this Public Preliminary Hearing was listed to consider: a. whether the Claimant was a disabled person pursuant to section 6 of the Equality Act 2010 (EqA) at the material time; b. to determine the Claimant’s amendment application; c. to identify the claims to be determined at the final hearing; and d. listing of and timetabling to the final hearing. 3. I was provided with an agreed preliminary hearing bundle of 137 pages, page references in this judgment are references to page numbers in that bundle. The Claimant gave a disability impact statement (page 61), in relation to which he was cross examined by the Respondent’s representative, Ms Jervis. The Issues 4. The issues to be determined by the Tribunal in relation disabi…