Claimant v Cardiff Council

Claimant alleged manager put arms around her and rubbed her back between October 2023 and February 2024. Tribunal found claimant's description was exaggerated; oral evidence confirmed manager placed one arm on her shoulder 2-3 times in supportive, fatherly manner. Evidence showed manager behaved similarly towards others including his own manager. Claimant failed to prove less favourable treatment because of sex.

Two allegations: (1) manager asked if daughter's hair modelling was 'with clothes on or off' in November 2023 - tribunal found comment made but in jest without intention to cause distress; claimant's subjective upset distinct from objective effect; (2) arm on shoulder - tribunal found conduct not related to sex as manager behaved similarly to others, claimant described it as fatherly not sexual, and manager had no intention to create proscribed environment.

Claimant relied on autism as impairment but had no formal diagnosis, only GP note suggesting ASD and online test. Tribunal not satisfied autism established as impairment. Additionally, no PCP requiring 9am start proven - evidence showed flexible approach, claimant frequently started later than 9am without sanction. Claimant admitted in oral evidence her issue was feeling 'picked on' not autism-related need. No medical evidence supported need for 9:30am start.