Mr I Coyle v Sky Subscribers Services Limited — 2025

The hearing was listed to address the respondent's time bar defence to the claimant's disability discrimination claims. At the outset, the Tribunal clarified that the claimant sought to argue that his dismissal on 5 February 2024 was itself an act of discrimination, and treated this as an application to amend his claim.

The Tribunal allowed the amendment. It found that the dismissal discrimination allegations were not clearly pleaded before, but that they arose from the same factual matrix as the existing unfair dismissal and discrimination claims and did not introduce new facts. The Tribunal accepted that the amendment came late and that the new claims appeared out of time if viewed in isolation, but held that issues about a continuing act, just and equitable extension, and time bar should be decided at the final hearing after evidence.

In balancing hardship, the Tribunal found that refusing the amendment would prevent the claimant from pursuing his argument that dismissal formed part of his discrimination case and could affect his reliance on a continuing act. The respondent would still be able to defend the amended claims and maintain any time bar defence. The respondent was allowed 14 days to lodge revised grounds of resistance, and the final hearing was directed to address time bar, liability, and remedies.