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6000623/2024Claimant Successful

Morris Leslie Plant Hire Ltd

8 September 2025England & WalesEmployment Judge Rayner
GOV.UK

Case Summary

The claimant was found to have been unfairly dismissed and discriminated against due to his disability. The tribunal determined that the respondent acted reasonably in its decision-making process.

Key Issues

  • disability discrimination during redundancy selection process
  • reasonableness of the respondent's actions in selecting for redundancy

Claim Types

Decision Text

EMPLOYMENT TRIBUNALS Claimant: Mr W J O’Rourke Respondent: Morris Leslie Plant Hire Ltd Heard at: Southampton On: 15,16,17 and 18 July 2025 Before: Employment Judge Rayner Mr K Sleeth Mrs C Earwaker Representation Claimant: In person Respondent: Mr S John, Counsel RESERVED JUDGMENT 1. The Claimants complaint that he was discriminated against for a reason relating to his disability, by dismissing him, is well founded and succeeds. 2. The Claimant’s claim that he was unfairly dismissed, is well founded and succeeds. 3. The Claimant’s claim that he was directly discriminated against on grounds of disability Is not well founded and is dismissed. 4. The Claimants claim that the respondent failed to make a reasonable adjust for him is not well founded and is dismissed. REASONS 1. The Claimant was employed by the Respondent or the Respondent’s predecessor between 16 June 2010 and 17 November 2023 as an HGV driver. He was based at the Respondent’s Southampton Depot. He was made redundant on the 17 November 2023. 2. The Claimant alleges that he was unfairly dismissed and was discriminated against on grounds of disability, in the course of selecting him for redundancy. 3. He contacted ACAS on 22 February 2024 and issued proceedings the same day. A time point therefore arose and at a preliminary hearing before Employment Judge Yallop it was determined that it had not been reasonably practicable for the Claimant to file his claim within time, and that it had been filed within a reasonable time thereafter. The Claimant relies upon his dismissal as the last act in a continuous course of discrimination or, in the alternative, asserts that it would be just and equitable to extend time in respect of any act of disability discrimination found proven. 4. Following a case management hearing before Employment Judge...

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Employer

Respondent

Morris Leslie Plant Hire Ltd

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Employment Details

Industry
plant hire services
Representation
Litigant in person

Case Details

Case Number
6000623/2024
Decision Date
08/09/2025
Published
03/10/2025
Jurisdiction
England & Wales
Judge
Employment Judge Rayner