Cheshire & Wirral Partnership NHS Foundation Trust

Case Nos: 2402135/2019 2406309/2019 2405568/2020 1 EMPLOYMENT TRIBUNALS Claimant: Ms D Hale Respondent: Cheshire & Wirral Partnership NHS Foundation Trust Heard at: Liverpool On: 30 October-1 November 2023, 3 November 2023, 6- 9November 2023 (In Chambers on 26 February to 28 February 2024 and 1 March 2024.) Before: Employment Judge Eeley Ms C Gallagher Ms J Pennie Representation Claimant: In person Respondent: Mr A Gibson, solicitor JUDGMENT 1. At the relevant times, the claimant was a disabled person as defined by section 6 Equality Act 2010 because of hearing loss and a past cancer diagnosis. 2. The complaint of direct disability discrimination is not well-founded and is dismissed. 3. The complaint of harassment related to disability is not well-founded and is dismissed. 4. The complaint of failure to make reasonable adjustments for disability is not well-founded and is dismissed. 5. The complaint of victimisation is not well-founded and is dismissed. 6. The claim of constructive unfair dismissal as an act of discrimination is not well founded and is dismissed. Case Nos: 2402135/2019 2406309/2019 2405568/2020 2 REASONS BACKGROUND 1. The claimant presented three claim forms to the Tribunal arising out of her employment with the respondent. These were case managed at five preliminary hearings. The list of issues for determination included claims of direct disability discrimination, disability related harassment, breach of the duty to make reasonable adjustments, victimisation and constructive unfair dismissal. The list of issues for determination by the Tribunal was updated by the respondent’s solicitor and was to be found at page 1861 of the hearing bundle. At the outset of the final hearing, the list of issues was discussed with the parties and agreed. It therefore formed the framework for the Tribunal...