Epilepsy discrimination claims dismissed as out of time: a lesson in tribunal deadlines
A fraud consultant with epilepsy lost his disability discrimination and constructive dismissal claims against Lloyds Bank because he filed them too late. The tribunal also found the claims lacked merit.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant was employed as a fraud consultant from 10 October 2016 until 30 August 2021.
- The claimant has epilepsy, which was conceded as a disability by the respondent.
- The claimant applied for a new job with HMRC on 22 February 2021 and accepted an offer on 13 August 2021.
- The claimant resigned on 29 August 2021, giving one month's notice, and started his new role on 4 October 2021.
- The last alleged act of discrimination occurred on 17 June 2021.
- ACAS early conciliation commenced on 10 November 2021 and the claim was presented on 7 January 2022.
Timeline
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Employment start
Claimant began employment as a fraud consultant at Lloyds Bank Plc.
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Return to contractual role
Claimant returned to his telephone-based contractual role after a secondment, which he disliked.
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Requested reference
Claimant requested a reference from his line manager for a job application.
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First welfare meeting and HMRC application
Informal welfare meeting with Daniel Hughes; claimant applied for a role at HMRC.
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Second welfare meeting
Telephone welfare meeting; claimant discussed health and job search.
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HMRC interview
Claimant attended interview for HMRC role.
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Welfare catch-up meeting
Meeting with Daniel Hughes and Patrick Hazelwood; Hazelwood said absence was not sustainable and offered CV help.
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Last welfare meeting
Last alleged act of discrimination; claimant was offered medical redeployment.
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HMRC job offer
Claimant received and accepted a formal job offer from HMRC.
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Resignation
Claimant resigned by email, giving one month's notice.
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Effective date of termination
Claimant's employment ended.
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New job start
Claimant started new role at HMRC.
The legal issue
The tribunal had to decide whether the claimant's disability discrimination and constructive unfair dismissal claims were brought in time, and if not, whether time should be extended; and in the alternative, whether the claims had merit.
The outcome
The tribunal dismissed all of the claimant's claims.
- The disability discrimination claims were out of time. The last alleged act of discrimination was on 17 June 2021, but ACAS early conciliation did not start until 10 November 2021, and the claim was presented on 7 January 2022. The tribunal refused to extend time, finding it was not just and equitable to do so.
- In the alternative, the tribunal also found that the claims had no merit. The claimant was not treated less favourably because of his disability, and the bank's conduct did not breach the implied term of trust and confidence. The constructive unfair dismissal claim therefore failed.
- No compensation was awarded as all claims were dismissed.
Lessons & takeaways
- Employment tribunal claims must be brought within three months of the last act of discrimination or dismissal — missing this deadline can be fatal, even if the claim has merit.
- If you are considering a tribunal claim, start ACAS early conciliation as soon as possible to preserve your time limit.
- Constructive dismissal requires a fundamental breach of contract by the employer — simply being unhappy with your role or feeling unsupported is unlikely to be enough.
- Contemporaneous notes taken by managers can carry more weight than a claimant's later recollection, especially if the claimant did not take their own notes.
A case that turned on timing
This case shows how strict the time limits are for bringing employment tribunal claims. The claimant, a fraud consultant with epilepsy, resigned from Lloyds Bank in August 2021 after a series of welfare meetings he felt were discriminatory. He started a new job at HMRC in October 2021, but did not begin ACAS early conciliation until November 2021 — nearly five months after the last alleged act of discrimination in June 2021.
The tribunal ruled that his disability discrimination claims were out of time, and refused to extend the deadline. Even if the claims had been in time, the tribunal found they would have failed on their merits. The bank's welfare meetings were not discriminatory, and the claimant's resignation was not a constructive dismissal because the bank had not breached the implied term of trust and confidence.
What the bank did right
Lloyds Bank had kept detailed contemporaneous notes of the welfare meetings, which the tribunal preferred over the claimant's later recollections. The bank also offered medical redeployment and CV help, showing it was trying to support the claimant. The tribunal noted that the claimant had already decided to leave and had applied for a new job before the final welfare meeting, which undermined his claim that the bank's conduct forced him to resign.
What this means for similar claims
This case is a reminder that time limits are strictly enforced. If you believe you have been discriminated against or constructively dismissed, you should seek advice and start the ACAS early conciliation process as soon as possible. It also shows that employers who keep good records and offer reasonable support are likely to defend such claims successfully.
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