Mr D Wilson v Sky Subscriber Services Limited — 2021

Mr D Wilson brought disability discrimination allegations against Sky Subscriber Services Limited arising from treatment said to be linked to his caring responsibilities for his disabled mother. The alleged matters included the handling of his absences and lateness, a flexible working request, conduct allegations, sanctions under the absence process, and later review of his working pattern. The respondent argued that incidents before 3 November 2019 were out of time and did not form part of any continuing act.

The tribunal held that there was a reasonably arguable basis that the allegations from 30 December 2018 onward were linked as a continuing act or an ongoing state of affairs within section 123(3)(a) of the Equality Act 2010. It relied on the substance of the complaints rather than any formal policy label and referred to Commissioner of Police of the Metropolis v Hendricks and Lyfar v Brighton and Sussex University Hospitals Trust in reaching that view. The tribunal therefore allowed the disability discrimination, harassment and victimisation allegations on or after 30 December 2018 to proceed to a substantive hearing.

In the alternative, the tribunal said it would have been just and equitable to extend time for all of the allegations. It accepted that the claimant delayed while trying to resolve matters internally through the grievance process and while waiting for information sought by subject access request, including emails between Andrea Sim and Paul Lynch. The tribunal also took account of the respondent's lack of dispute about the chronology and the absence of any specific submission that the cogency of evidence would be materially affected by delay. No findings on liability or remedy were made at this preliminary stage.