NHS medical secretary's disability discrimination claims dismissed as out of time
A tribunal dismissed disability discrimination claims brought by an NHS medical secretary with hearing loss, finding most allegations were presented too late and the remaining complaints failed on the facts.
2 min read · Last updated 18 May 2026
Case details
- #disability-discrimination
- #hearing-impairment
- #mdt-typing
- #time-limit
- #grievance
- #reasonable-adjustments
- #harassment
Key facts
- The claimant worked as a medical secretary for the respondent from January 2011.
- She was diagnosed with hearing loss in February 2019 and provided with hearing aids.
- The respondent provided over-ear headphones as an auxiliary aid.
- The claimant's complaints about MDT typing allocation were not supported by the audit evidence.
- The claimant's grievance about bullying was upheld on appeal, but she did not allege discrimination at that time.
- All but one of the discrimination allegations were presented outside the three-month time limit.
Timeline
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Employment started
Claimant began working for the respondent as a Band 2 secretary in elderly medicine.
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Promotion to vascular team
Claimant commenced role as Band 4 medical secretary in the vascular team.
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Hearing loss diagnosis
Claimant diagnosed with hearing loss and fitted with hearing aids.
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Manager returns from leave
Mrs Bolton returned to work and ordered over-ear headphones for the claimant.
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First MDT meeting dispute
Claimant felt belittled during a team meeting about MDT typing and spoke to HR.
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Mrs Dear shields
Mrs Dear began shielding due to pandemic, increasing MDT workload for others.
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Row over MDT allocation
Claimant unwilling to take MDT due to leave; reported to manager.
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Another MDT row
Mrs Bolton told claimant she could not get out of typing MDT.
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Performance management proposed
Mrs Bolton proposed performance management; claimant went off sick with stress.
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Grievance submitted
Claimant submitted a 14-page grievance about workplace bullying.
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Claim presented
Claimant presented claims to the Employment Tribunal.
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Employment ended
Claimant left the respondent's employment.
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Final hearing judgment
Tribunal dismissed all remaining Equality Act complaints.
The legal issue
The tribunal had to decide whether the claimant's complaints of disability discrimination, harassment, and failure to make reasonable adjustments should succeed, and whether to extend the time limit for allegations made outside the three-month deadline.
The outcome
The tribunal dismissed all remaining Equality Act complaints.
- The vast majority of allegations were presented more than three months after the acts complained of, and the tribunal declined to extend time because the claimant had not provided a good reason for the delay and the balance of prejudice favoured the respondent.
- The only in-time allegation (direct discrimination relating to a meeting in March 2021) was not upheld because the tribunal found no evidence that the respondent's conduct was because of the claimant's disability.
- No compensation was awarded.
Lessons & takeaways
- Disability discrimination claims must be brought to an employment tribunal within three months of the act complained of — delays are rarely excused.
- Raising a grievance internally does not stop the clock on tribunal time limits; you should still submit a claim promptly.
- To succeed in a direct discrimination claim, you need evidence that the employer's treatment was 'because of' your disability, not just that it happened while you were disabled.
- Keep a clear record of dates and events — the tribunal will scrutinise whether each allegation was made in time.
This case shows how strict time limits can derail disability discrimination claims, even where there is a genuine impairment and workplace tensions. The claimant, a medical secretary with hearing loss, alleged that her NHS trust failed to make reasonable adjustments, harassed her, and treated her unfavourably because of her disability. However, the tribunal found that nearly all the incidents she complained of happened more than three months before she presented her claim to the tribunal.
Why time limits matter
Employment tribunals operate on a tight timetable: claims under the Equality Act must normally be brought within three months of the act you are complaining about. In this case, the claimant's grievance process and ongoing employment did not pause that clock. The tribunal considered whether to extend time but decided it would not be 'just and equitable' to do so, partly because the claimant had not explained the delay satisfactorily and the trust would be prejudiced by having to defend stale allegations.
The only allegation that was in time concerned a meeting in March 2021 where the claimant felt she was treated dismissively. But the tribunal found no evidence that this treatment was linked to her disability — it was a routine work disagreement about typing duties. Without that causal link, the direct discrimination claim failed.
What the trust did well
The respondent had provided over-ear headphones as an auxiliary aid and had engaged with the claimant's needs. The tribunal noted that the trust's audit of MDT typing allocation did not support the claimant's belief that she was being singled out. For employers, this case reinforces the importance of documenting reasonable adjustments and maintaining objective records of workload distribution.
For employees, the key takeaway is to act quickly. If you believe you have been discriminated against because of a disability, seek advice and consider lodging a tribunal claim within three months — even if you are still employed or pursuing an internal grievance. Waiting can mean losing your right to bring a claim altogether.
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