Mr D Cox v DL Insurance Services Ltd: 1301698/2023
JUDGMENT
[1]The complaint of unfavourable treatment because of something arising in consequence of disability is well-founded and succeeds in relation to the failure to provide the claimant with a replacement device/tablet between 7 October 2022 and 14 November 2022.[2]The complaint of failure to make reasonable adjustments for disability in relation to a permanent reduction in work volumes is well-founded and succeeds.[3]The remaining complaints of unfavourable treatment because of something arising in consequence of disability are not well-founded and are dismissed.[4]The remaining complaints of failure to make reasonable adjustments for disability are not well-founded and are dismissed.[5]The complaints of harassment related to disability is not well-founded and is dismissed.[6]A separate hearing will be listed to consider remedy. In this regard:a. The claimant must confirm to the respondent by 2 February 2024 whether compensation in respect of personal injury is claimed, and if so on what basis (and whether it is accepted that an application to amend would be required if so); Case Number: 1301698/2023b. The parties must each write to the Tribunal by 23 February 2024 to confirm whether a one day listing will in their view be sufficient for remedy and, if not, why not, including details of their dates of unavailability up to the end of October 2024;c. The claimant must provide an updated Schedule of Loss to the respondent and the Tribunal by 1 March 2024;d. The respondent must provide a counter Schedule of Loss to the claimant and the Tribunal by 22 March 2024.