25-year employee loses unfair dismissal and discrimination claims after harassment allegations ruled out of time
A process controller with 25 years' service had his harassment claim struck out as too old, and his unfair dismissal and disability discrimination claims dismissed after a full hearing. The tribunal found the dismissal was fair and any discrimination was justified.
1 min read · Last updated 19 May 2026
Key facts
- Mr Oakshott was employed from 27 June 1997 to 18 August 2022 as a Process Controller/Vessel Controller.
- He claimed unfair dismissal and disability discrimination.
- The harassment claim was struck out as out of time and having no reasonable prospects.
- The remaining claims of unfair dismissal and s.15 disability discrimination were dismissed after a full hearing.
- The tribunal found the dismissal was fair and any discrimination was justified.
Timeline
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Employment start
Mr Oakshott began employment as a Process Controller/Vessel Controller.
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Alleged harassment incident
Mr Alan Davies shouted at Mr Oakshott during the Cricket World Cup.
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Alleged harassment incident
Mr Alan Davies put Mr Oakshott on the Marshalling role exclusively between 2017 and May 2021.
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Alleged harassment incident
Mr Adrian Leveridge shouted at Mr Oakshott for turning on the radio.
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Alleged harassment incident
Mr Rob Angria put Mr Oakshott alone on the Marshalling role after his second heart attack.
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Early Conciliation started
Early Conciliation began between the parties.
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Employment ended
Mr Oakshott's employment ended.
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Early Conciliation ended
Early Conciliation concluded.
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Claim issued
Mr Oakshott issued proceedings for unfair dismissal and disability discrimination.
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Preliminary hearing
Employment Judge M Warren struck out the harassment claim as out of time.
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Final hearing start
Full hearing of the remaining claims began before Employment Judge Andrew Clarke KC and members.
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Final hearing end
The hearing concluded.
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Judgment given
The tribunal dismissed the unfair dismissal and disability discrimination claims.
The legal issue
The tribunal had to decide whether the claimant's unfair dismissal claim and disability discrimination claim under s.15 Equality Act 2010 should succeed, and whether the harassment claim should be struck out as having no reasonable prospects of success or being out of time.
The outcome
The tribunal struck out the harassment claim and dismissed the unfair dismissal and disability discrimination claims.
The harassment allegations dated back to 2017-2021 and were not part of a continuing act, so they were out of time. The unfair dismissal claim failed because the employer acted reasonably in dismissing for conduct. The disability discrimination claim failed because any unfavourable treatment was justified.
No compensation was awarded.
Lessons & takeaways
- Harassment claims must be brought within three months of the last incident, unless they form part of a continuing act or it is just and equitable to extend time.
- Long service does not automatically make a dismissal unfair if the employer follows a fair procedure and has a valid reason.
- Disability discrimination claims under s.15 Equality Act 2010 can succeed only if the unfavourable treatment is not a proportionate means of achieving a legitimate aim.
- Tribunals will strike out claims with no reasonable prospects of success at an early stage to save time and costs.
A 25-year career ends in tribunal defeat
A process controller who had worked for The Felixstowe Dock and Railway Company for 25 years brought claims of unfair dismissal and disability discrimination after his employment ended in August 2022. He also alleged harassment going back to 2017, including incidents where colleagues shouted at him and he was placed in a particular role.
The tribunal first considered the harassment allegations. Because the most recent incident was in August 2021 – more than a year before the claim was issued – and the earlier incidents were not linked as a continuing course of conduct, the harassment claim was struck out. The tribunal found there was no reasonable prospect of arguing that time should be extended.
Why the dismissal and discrimination claims failed
At the full hearing, the tribunal examined the dismissal and disability discrimination claims. The employer had dismissed the claimant for conduct, and the tribunal decided that this was a fair reason. The employer had carried out a reasonable investigation and followed a fair procedure, so the dismissal fell within the range of reasonable responses.
On the disability discrimination claim, the tribunal accepted that the claimant was disabled but found that any unfavourable treatment was justified. The employer had a legitimate aim and the steps taken were proportionate. The claim therefore failed.
What this means for similar claims
This case shows the importance of bringing discrimination claims promptly. Harassment allegations that are years old and not part of an ongoing pattern are likely to be struck out. It also demonstrates that even long-serving employees can be fairly dismissed if the employer acts reasonably. For anyone considering a claim, it is essential to understand time limits and to gather evidence of any continuing conduct that might link older incidents to more recent ones.
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