Ms Y Rankmore v Cardiff Council — 2025

The Tribunal found that all claims were presented outside the Equality Act 2010 time limit. It treated 22 July 2024 as the relevant date for analysis, but found the alleged conduct occurred substantially earlier: the contact allegation no later than 28 February 2024, the comment about the Claimant's daughter in October or November 2023, and the alleged 9.00am start requirement in November 2023. It found the delays significant and decided it was not just and equitable to extend time.

On direct sex discrimination, the Tribunal found that the pleaded description of Mr Carlson putting his arms around the Claimant and rubbing her back was not proved. It accepted that on two or three occasions he placed an arm or hand on her shoulder while providing work-related assistance. It found that similar conduct had been seen with others and that the Claimant had not proved less favourable treatment because of sex.

On harassment, the Tribunal found that Mr Carlson made the comment about whether the Claimant's daughter's hair modelling was with clothes on or off, and that the comment was inappropriate and caused the Claimant upset. It found, however, that the comment was made in jest, without the purpose of causing distress, and that the statutory effect threshold was not met. It also found the shoulder contact was not related to sex, was not of a sexual nature, and did not have the proscribed purpose or effect.

On reasonable adjustments, the Tribunal found the Claimant had not established, on the balance of probabilities, that autism was an impairment meeting section 6 of the Equality Act 2010, although it noted evidence of anxiety, stress and depression had not been pleaded as the impairment. It also found there was no PCP requiring attendance at work at 9.00am in the relevant sense, no further action was taken when the Claimant started later, and there was no evidence that a 9.30am start was needed because of autism.