Head of Clinical Governance wins disability status but loses bid to add discrimination claims
A tribunal found that a head of clinical governance was disabled due to depression and anxiety, but refused her application to add race, religion and sex discrimination claims as out of time.
1 min read · Last updated 18 May 2026
Case details
Key facts
- Ms Haque suffered from depression and anxiety with episodes in 2009, 2014, 2017, and from January 2019.
- She was off work from January to November 2019 due to stress-related problems and neck pain.
- Occupational health reports in June and October 2019 noted substantial adverse effects on concentration, motivation, and daily activities.
- Ms Haque returned to work on 25 November 2019 and was immediately suspended pending disciplinary proceedings.
- She was dismissed on 14 April 2020; the dismissal was pleaded only as disability discrimination in the ET1.
- The tribunal found Ms Haque was disabled at all relevant times from June 2019 to April 2020.
Timeline
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Investigation meeting
Ms Haque attended an investigation meeting regarding allegations of bullying and harassment.
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GP consultation
Ms Haque presented with neck pain and anxiety; diagnosed with stress-related problem.
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First occupational health assessment
OH report noted poor sleep, reduced concentration, low mood, and other symptoms; Ms Haque was not fit to return to work.
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Second occupational health assessment
OH report noted concentration and motivation significantly affected; recommended phased return from mid-November.
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Return to work and suspension
Ms Haque returned to work on a phased basis but was immediately suspended pending disciplinary proceedings.
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Disciplinary hearing
Ms Haque attended a disciplinary hearing regarding the allegations.
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Dismissal
Ms Haque was dismissed without notice.
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Claim presented
Ms Haque presented her claim to the employment tribunal.
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Application to amend
Ms Haque applied to amend her claim to include dismissal as discrimination on grounds of race, religion, and sex.
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Preliminary hearing
Open preliminary hearing to determine disability status, time limits, and amendment application.
The legal issue
The tribunal had to decide whether the claimant was disabled under the Equality Act 2010, whether her claims of discrimination on grounds of race, religion and sex were presented in time, and whether to grant her application to amend her claim to include dismissal as an act of discrimination on those grounds.
The outcome
The tribunal decided that the claimant was disabled during the relevant period, based on occupational health reports showing substantial adverse effects on concentration, motivation and daily activities from depression and anxiety. However, the claims of discrimination on grounds of race, religion and sex were dismissed as out of time, as they were presented more than three months after the alleged acts. The application to amend was refused because the proposed amendments did not arise from the same or similar facts as the existing claims and would prejudice the respondent.
No compensation was awarded at this preliminary hearing, as the substantive claims of disability discrimination (failure to make reasonable adjustments and discrimination arising from disability) are yet to be heard.
Lessons & takeaways
- If you believe you have been discriminated against, act quickly: the time limit for bringing a claim is three months from the date of the alleged discrimination.
- Keep a record of occupational health reports and medical evidence, as they are crucial for establishing disability status under the Equality Act 2010.
- If you wish to add new claims to an existing tribunal case, consider whether they arise from the same or similar facts, as late amendments may be refused if they cause prejudice to the other side.
- Representing yourself in a tribunal is possible, but legal advice can help you understand time limits and the scope of your claims.
This case shows how a claimant can succeed in establishing disability status even when the respondent disputes it, but also how strict time limits can prevent additional claims from being heard. The claimant, a head of clinical governance, suffered from depression and anxiety with recurring episodes. Occupational health reports from June and October 2019 noted substantial adverse effects on her concentration, motivation and daily activities, leading the tribunal to find she was disabled at all relevant times.
However, the claimant's attempt to add claims of discrimination on grounds of race, religion and sex failed because they were presented well after the three-month time limit. She had been dismissed in April 2020 but only applied to amend her claim in April 2022. The tribunal found that the proposed amendments did not share the same factual basis as her existing disability discrimination claims, and allowing them would cause significant prejudice to the respondent, which had already prepared its case.
For anyone considering a tribunal claim, this case highlights the importance of acting promptly and seeking legal advice early. While the claimant successfully argued her disability, the refusal to amend means she cannot pursue the wider discrimination allegations. The substantive disability claims will now proceed, but the lesson is clear: time limits are strictly applied, and late amendments are rarely granted unless they arise from the same or similar facts.
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