HSBC Bank UK plc

Case Summary

The claimant was dismissed by HSBC Bank UK PLC for gross misconduct on 25 November 2024 after employment as a Business Specialist since October 2017. This preliminary hearing determined that her unfair dismissal complaint was not presented within the applicable time limit and was therefore dismissed, but that she was disabled during the period 1 January 2023 to 10 March 2025 due to menopause-related symptoms including migraines, allowing her disability discrimination claims to proceed.

The unfair dismissal claim was dismissed because it was not presented within the applicable time limit and it was reasonably practicable for the claimant to have done so. The tribunal found the claimant's evidence that she was unaware of the time limit not credible, particularly given she had trade union representatives assisting her throughout the disciplinary process. However, the disability discrimination claims can proceed because the tribunal found the claimant was disabled during the relevant period due to menopause-related symptoms including migraines.

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• •Whether the unfair dismissal complaint was presented within the applicable time limit
• •Whether the claimant was a disabled person as defined by section 6 Equality Act 2010 due to menopause-related symptoms and migraines

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