Cases3305163/2023

Claimant v HSBC UK Bank plc

28 March 2025Before Employment Judge Isabel ManleyWatfordhybrid

Outcome

Claimant fails

Individual claims

Direct Discrimination(disability)failed

The tribunal found there was no less favourable treatment of the claimant because of her disability. Some claims were also out of time and it was not just and equitable to extend the limitation period.

Failure to Make Reasonable Adjustments(disability)failed

The tribunal concluded there was no failure to make reasonable adjustments. The respondent had made appropriate adjustments for the claimant's disability.

Discrimination Arising from Disability (s.15)(disability)failed

The tribunal found no auxiliary aid was required or that the respondent failed to provide one. Some claims were out of time and not extended on just and equitable grounds.

Unfair Dismissalfailed

The claimant was dismissed because she was redundant. The tribunal found that dismissal for redundancy was fair and followed proper procedure.

Facts

The claimant was employed by HSBC UK Bank plc and was made redundant. She brought claims for disability discrimination, including direct discrimination, failure to make reasonable adjustments, and failure to provide auxiliary aids. She also claimed unfair dismissal. Some of the disability discrimination claims were presented outside the statutory time limit.

Decision

The tribunal dismissed all claims. Some disability discrimination claims were out of time and it was not just and equitable to extend time. The tribunal found no less favourable treatment because of disability, no failure to make reasonable adjustments or provide auxiliary aids, and that the dismissal was fair as it was for genuine redundancy reasons.

Practical note

A genuine redundancy dismissal will be fair even where the claimant has a disability, provided reasonable adjustments are made and proper procedure is followed, and disability discrimination claims that are out of time require strong just and equitable reasons for extension.

Case details

Case number
3305163/2023
Decision date
28 March 2025
Hearing type
full merits
Hearing days
5
Classification
contested

Respondent

Sector
financial services
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No