Miss S Coutts v Sky Subscriber Services Limited — 2025

This was a preliminary hearing on time limits and jurisdiction. Miss Sharon Coutts said her employment with Sky Subscriber Services Ltd ended by redundancy with effect from 26 September 2024. ACAS early conciliation began on 12 December 2024 and a certificate issued on 23 January 2025. The claim form was presented on 4 March 2025, which was nine days after the date on which it would otherwise have been in time for the purposes of the post-certificate time limit.

On the unfair dismissal claim, the tribunal applied the section 111 ERA 1996 "not reasonably practicable" test. Although the judge found the claimant generally credible, the burden was not met. The tribunal accepted that dismissal affected her mental health and that she had Charcot-Marie-Tooth disease, but found several features inconsistent with there being no reasonable ability to present the claim in time, including that she engaged with ACAS timeously, was looking for work, was caring for her son, had internet access, and gave no clear explanation for waiting until 4 March 2025. The unfair dismissal claim was therefore dismissed as outwith jurisdiction.

For the Equality Act claims, pleaded under sections 15 and 20/21 and linked to disability, the tribunal applied the section 123 "just and equitable" test and extended time. The delay was limited to nine days and there was no suggested evidential or forensic prejudice to the respondent. The judge accepted the claimant's explanation that the delay was connected with her medical condition, medication, the impact of the dismissal, and the cancellation and rearrangement of a planned foot operation. The tribunal held that the balance strongly favoured the claimant and allowed the Equality Act claims to proceed. No liability or remedy finding was made on those claims, and case management directions were to follow.