Mr P Hepworth v Inclusion Gloucestershire and 1 other — 2026

The Tribunal considered the preliminary issue of whether Mr Hepworth was disabled within section 6 of the Equality Act 2010 by reason of neurodiversity/autism during the material period, identified as 6 to 22 January 2024. The Respondents had already conceded that he was disabled at the relevant time by reason of depression and anxiety and his physical impairments.

Mr Hepworth had not been diagnosed with autism and had not sought a diagnosis, although a diagnosis was not legally required. He described difficulties with social interaction, understanding written and visual instructions, and dealing with change. The Tribunal found that before his suspension on 12 July 2024 these activities were affected, but the effects were not substantial. It relied on evidence including his use of neuro-linguistic programming to manage social interactions, his long military career, his description of himself as an excellent communicator, his ability to produce high-quality work, and his decision not to request adjustments.

The Tribunal accepted that the unexpected suspension had a significant effect on Mr Hepworth's mental health and that afterwards his concentration, anxiety and social interaction were substantially affected. On the evidence, including contemporaneous GP records, it found that these substantial effects were linked to his depression and anxiety, for which disability had been conceded, rather than to autism.

The Tribunal concluded that Mr Hepworth had not proved that neurodiversity/autism caused a substantial adverse effect on his ability to carry out normal day-to-day activities and therefore was not disabled by reason of neurodiversity/autism. This finding did not dispose of or otherwise affect his continuing disability discrimination complaints based on the conceded impairments. No remedy was determined or awarded in this judgment.