S Dosanjh v Sky Subscriber Services Limited — 2020

The tribunal held a preliminary hearing by telephone on 27 March 2020 before Employment Judge Housego. The issues included whether the claimant was disabled by reason of depression and stress, whether any part of the claim was out of time, whether he could amend to add later incidents, and whether to order a deposit or strike out some or all of the claims. The claimant appeared in person and Sky was represented by counsel.

The claimant’s pleaded claims were disability discrimination and perceived sexual orientation discrimination. On the disability allegations, he said he had depression and anxiety and relied on a 2015 incident in which someone took a photograph of him on a mobile phone, together with his complaint that Sky did not enforce its no-mobile-phone policy strongly enough. The tribunal said it did not need to determine whether he was disabled, because even if he were, the claim could not succeed: the incident was said to be about five years earlier and therefore out of time, there was no evidence that anyone had used a mobile phone contrary to his interests, and there was no medical evidence supporting the alleged fear of mobile phones as a disability.

On the sexual orientation claim, the claimant relied on one work incident from 2015 in which someone allegedly called him a “fucker”. The tribunal accepted that this was an insult, but held that it was too old to found a claim and, on the respondent’s case, had been a riposte to a Punjabi insult rather than homophobic abuse. The claimant also sought to add three later incidents from 2019 at a hospital and a hotel. The tribunal refused the amendments for lack of relevance, finding that the incidents had no connection with Sky, were not homophobic, and were not matters for which Sky could be responsible.

In its final ruling, the tribunal struck out both claims. It said both claims were out of time, it was not just and equitable to extend time, and even if they had been in time there was no reasonable prospect of either claim succeeding. No monetary remedy was awarded.