Mrs Elaine Caldecott v Liverpool University Hospitals NHS Foundation Trust — 2024

The Tribunal held that the claimant was disabled by reason of cervical radiculopathy, which the respondent conceded, and that the respondent by its relevant staff could reasonably be expected to know of that disability at the relevant times. It also found that the disability discrimination allegations were either part of a course of conduct ending after the ordinary time limit or, if not, that it was just and equitable to extend time and allow the amendments to the ET1.

The direct disability discrimination, discrimination arising from disability, and reasonable adjustment complaints were dismissed. The Tribunal found that the conversation with Louise Rice on 5 January 2023 was reasonable and supportive, that the attendance management and sick pay matters did not establish the pleaded unfavourable treatment or substantial disadvantage, and that the adjustments identified by the claimant had either been provided, declined, or addressed by pausing triggers.

The harassment complaint concerning Louise Rice was dismissed, and the harassment complaint concerning Sheena Tolan had been withdrawn. The Tribunal also dismissed victimisation, finding no causative evidence that the claimant suffered a detriment from the non-progression of her grievance or the cancellation of the scheduled grievance meeting.