Ms T Williams v Liberty Care (Flintshire) Ltd: 1600530/2023
JUDGMENT
[1]Whilst the Respondent conceded that the Claimant was, at all material times, a Disabled Person, the Respondent knew, or ought reasonably to have known, that she was disabled by no later than May 2022.[2]The Claimant did a Protected Act when she sent her written grievance dated 29th November 2022 to the Respondent.[3]Harassment - Gender Re-assignment: 3.1. The Claimant’s claim that the Respondent harassed her in relation to the protected characteristic of Gender Re-assignment on 4th October 2022, when referring to the efficacy or otherwise of certain medical treatment, is well-founded and succeeds. 3.2. This claim was presented out of time in circumstances where it is just and equitable to extend time to the date of presentation of the claim.[4]The following claims fail and are dismissed: 4.1. Direct Gender Re-Assignment Discrimination; Case Number: 1600530/2023 2 4.2. Harassment in relation to Gender Re-Assignment save as at paragraph 3 above, and in relation to Disability; 4.3. Failure to make Reasonable Adjustments; 4.4. Victimisation.[5]The Claimant having succeeded with a claim as above, the parties agreed terms of settlement in a document not disclosed to the Tribunal; unless either party applies, by no later than 17th May 2024, for the matter of Remedy to be restored to the Tribunal’s list for hearing, the application for remedy pursuant to the above judgment shall be deemed withdrawn and dismissed; in those circumstances the Tribunal’s case file shall be closed without further deliberation or hearing.