Disability Discrimination in a High Street Bank

IMPORTANT - all case studies are true but minor details are changed to protect the identity of the client. However this case is different because it is a matter of public record and has been in the public domain for a long time. I still haven’t identified the client but I do include  my greatest quote of all time (so far), it was acknowledged by the judge and used in his judgement and then picked up in the media.

 

D was a rising star in a major High Street bank until he became very ill with a very serious and debilitating bowel condition. 

 

He was hospitalised a lot and instead of being offered support (and important access to toilet facilities) he was subjected to performance management procedures. This had a terrible effect on his physical and mental health.

 

By the time he contacted me he was well out of time to apply to an Employment Tribunal. Time limits are very strict in the Employment Tribunal, three months less one day for most claims and six months less one day for others.

 

The law states that a tribunal may only extend time for presenting a claim where it was “not reasonably practicable” for the complaint to be presented in time and the claim was nevertheless presented “within such further period as the tribunal considers reasonable”.

 

However due to the situation and extensive medical support we were able to get the claim heard.

 

D was a litigant in person and the High Street bank was vigorously represented by a highly qualified barrister. A David and Goliath situation.

 

D won his claim, and was awarded compensation but far more importantly, it gave him back his confidence and his dignity.

Oh and my quote?  “I didn’t become incompetent, I became incontinent, and that is not the same thing at all”