Sous-chef with functional neurological disorder granted time extension for constructive dismissal claim
A sous-chef who resigned after being asked to do so by his employer while on sick leave has been allowed to bring his constructive dismissal and disability discrimination claims out of time.
1 min read · Last updated 18 May 2026
Case details
- #functional-neurological-disorder
- #time-extension
- #amendment
- #constructive-dismissal
- #cognitive-impairment
Key facts
- The claimant worked as a sous-chef from 10 March 2020 until around July/August 2022.
- He suffered a transient ischaemic attack (TIA) on 4 May 2022 and was later diagnosed with a Functional Neurological Disorder.
- On 21 July 2022, the respondent's Executive Chef asked him to resign as his statutory sick pay was ending.
- The claimant resigned by letter dated 27 July 2022, stating he felt forced to do so.
- The effective date of termination is unclear and will be determined at a final hearing.
- The claimant presented his claim on 12 December 2022, after ACAS conciliation on 24 November 2022.
Timeline
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Employment started
The claimant began working as a sous-chef for the respondent.
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Altercation with manager
The claimant was threatened with demotion and loss of job security, leading to an emotional breakdown.
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TIA and dysphasia
The claimant suffered a transient ischaemic attack (mini-stroke) and stress-induced dysphasia, losing ability to speak.
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Request to resign
The respondent's Executive Chef asked the claimant to give notice as his statutory sick pay was ending.
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Resignation letter
The claimant resigned, stating he could not fulfil his role due to his health condition.
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P45 and final payslip
The respondent issued a P45 with leaving date 1 August 2022 and a final payslip for August.
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ACAS notified
The claimant notified ACAS of his prospective claim.
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ACAS certificate issued
Early Conciliation Certificate issued.
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Claim presented
The claimant presented his ET1 claim for unfair dismissal.
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Amendment application
The claimant applied to amend his claim to include disability discrimination.
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Preliminary hearing
Employment Judge Palmer granted the amendment and extended time for both claims.
The legal issue
The tribunal had to decide whether to extend the time limits for the claimant's unfair dismissal and discrimination claims, and whether to allow him to amend his claim to include disability discrimination, given his functional neurological disorder and the circumstances of his resignation.
The outcome
The tribunal granted the claimant permission to amend his claim to include disability discrimination and extended time for both the unfair dismissal and discrimination claims. The key reasons were:
- The claimant suffered a transient ischaemic attack (mini-stroke) and was diagnosed with a functional neurological disorder, which caused cognitive impairment and made it difficult for him to pursue his claim promptly.
- He represented himself and had no legal advice, which contributed to the delay.
- The respondent was not prejudiced by the delay or amendment, as the facts were known to them.
- The claims have reasonable prospects of success and it is just and equitable to extend time.
The claims will now proceed to a final hearing. No compensation has been awarded at this stage.
Lessons & takeaways
- If you have a serious illness that affects your ability to bring a claim, the tribunal may extend the time limit if it is just and equitable to do so.
- Resigning under pressure from your employer can amount to constructive dismissal, especially if you are on sick leave and feel forced out.
- You can apply to amend your claim to add new legal arguments, such as disability discrimination, even after the original claim was filed, if the facts support it.
- Keep records of all communications with your employer about your health and any requests to resign, as these are crucial evidence.
- Seek legal advice as soon as possible after a dispute arises, but if you cannot, the tribunal may take your circumstances into account when considering time limits.
When illness makes it hard to fight your case
This case shows how employment tribunals can be flexible when a claimant's medical condition prevents them from acting quickly. The sous-chef suffered a mini-stroke and was later diagnosed with a functional neurological disorder, leaving him with cognitive impairments. He resigned after his employer asked him to do so when his sick pay was ending, but he felt forced out. He then struggled to bring his claim within the usual three-month time limit.
What the employer could have done differently
The respondent, Humble Group Ltd, could have avoided this dispute by handling the situation more sensitively. Instead of asking an employee on sick leave to resign, they could have explored reasonable adjustments or a phased return to work. The tribunal noted that the employer did not seek clarification about the resignation or the effective date of termination, which added to the confusion. A more supportive approach might have prevented the claim altogether.
Why this matters for similar claims
This decision is a reminder that time limits are not absolute. If you have a serious health condition that affects your ability to act, the tribunal may extend time. It also highlights that constructive dismissal claims can succeed when an employer pressures an employee to resign. The fact that the claimant was allowed to amend his claim to include disability discrimination shows that tribunals will consider the full picture of what happened, not just the initial legal label. The case will now go to a full hearing to decide the merits.
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