Miss J Steele v Sky UK Limited — 2024

The Tribunal dismissed the claimant's s43M Employment Rights Act 1996 jury service complaint because it was brought about 1.5 years out of time and the claimant had not shown that it was not reasonably practicable to bring it in time. The respondent conceded disability for muscle tension dysphonia, fibromyalgia and asthma from specified dates, but the Tribunal found the claimant's shoulder condition was not a disability at the relevant time.

The direct sex discrimination complaints were dismissed. The Tribunal found that the alleged warning not to mention being a single mother was not made, that references to single parenting arose when the claimant raised her childcare difficulties, and that the respondent's comments were made in an effort to provide support or advice rather than as less favourable treatment because of sex.

The direct disability discrimination complaints were dismissed. The Tribunal found that the claimant had not shown facts from which it could conclude that the respondent's conduct about office attendance, the possible move to a disability plan, or interactions with Mr Potter was because of disability. It accepted the respondent's evidence that the relevant actions were connected to training, capability or return-to-work discussions rather than less favourable treatment because of disability.

Most reasonable adjustment complaints were dismissed because the Tribunal found the respondent had provided support or had allowed Mr Kirby to attend informal meetings. One reasonable adjustment complaint succeeded: in the formal grievance process, the respondent applied a policy allowing only an employee or trade union representative to accompany the claimant, and the Tribunal found it failed to make a reasonable adjustment by refusing Mr Kirby's attendance despite knowing of the claimant's health-related disadvantage and the specific support he provided. Remedy for that single successful complaint was left to a further hearing.