Ms D Hamilton v Coalo Ltd: 6014734/2024
JUDGMENT
[1]The claimant was disabled within the meaning of section 6 of the Equality Act 2010 but not by virtue of osteoarthritis.[2]The complaints of failure to make reasonable adjustments succeed in relation to:a. A failure to make adjustments to the contact programme for employees on long term sick leave (issue 5.5.2);b. A failure to make adjustments to the timeline in the redundancy consultation process for considering voluntary redundancy (issue 5.5.5).[3]The other complaints of failure to make reasonable adjustments were withdrawn at the hearing and are dismissed.[4]The complaints of discrimination arising from disability succeed in relation to:a. The change of job role on 27 July 2023 (issue 4.1.2);b. Weekly contact with the claimant from 15 March 2023 to October 2023 (issue 4.1.3);c. Advertising the claimant’s job role while she was on sick leave (issue 4.1.4);d. Advising IT support that the claimant had left the business (issue 4.1.5);e. Failing to offer the claimant a TLO role in the new structure or to explain why she could not take a TLO role (issues 4.1.6 and 4.1.7);f. Failing to consider the claimant’s grievance (issue 4.1.9). PHCM Order 1 of 2 September 2023 Case Number: 6014734/2024[5]The complaint of discrimination arising from disability at issue 4.1.1 was withdrawn at the hearing and is dismissed.[6]The complaint of discrimination arising from disability about the time given to consider voluntary redundancy (issue 4.1.8) fails and is dismissed.[7]The complaints of direct disability discrimination and harassment related to disability fail and are dismissed.[8]The claim was presented in time in respect of the acts at issues 4.1.6, 4.1.7 and 4.1.9. The other acts together with issues 4.1.6, 4.1.7 and 4.1.9 amounted to conduct extending over a period and therefore the claim was also presented in time in respect of those acts. Approved by: