HSBC Bank UK plc

Case Summary

Ms A Brake 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.

• •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

1 EMPLOYMENT TRIBUNALS Claimant: Ms A Brake Respondent: HSBC Bank UK PLC Heard at: Southampton (by CVP) On: 20 February 2026 Before: Employment Judge Yallop REPRESENTATION: Claimant: Mr B Frew (counsel) Respondent: Ms R Kight (counsel) PRELIMINARY HEARING IN PUBLIC RESERVED JUDGMENT The judgment of the Tribunal is as follows: Time limits 1. The complaint of unfair dismissal was not presented within the applicable time limit. It was reasonably practicable to do so. The complaint is therefore dismissed. Disability 2. In 2022, the Claimant was not a disabled person as defined by section 6 Equality Act 2010. 3. In the period 1 January 2023 to 10 March 2025 the Claimant was a disabled person as defined by section 6 Equality Act 2010 because of her menopause- related symptoms (which included migraine). 2 4. The complaints of unfavourable treatment because of something arising in consequence of disability, and failure to make reasonable adjustments, can therefore proceed. REASONS Introduction 1. The Claimant was employed by the Respondent as a Business Specialist from 9 October 2017 until her dismissal for gross misconduct on 25 November 2024. The Claimant claims that she was unfairly dismissed and discriminated against on the grounds of disability. The hearing and issues 2. I conducted a preliminary hearing on 20 February 2026. The Claimant was represented by Mr Frew (counsel), who had been instructed on a direct access basis. The Respondent was represented by Ms Kight (counsel). 3. The purpose of the hearing was to consider: a. Whether the Tribunal has jurisdiction to consider the Claimant’s claim for unfair dismissal, as it was brought outside the primary time limit; and b. Whether the Claimant was disabled in the period 2022 to 10 March 2025 due to suffering from migraines and menopause-related symptoms. 4. The Claimant ga…