Ms G Ashley v British Dyslexia Association Heard By Video at: Swansea Civil Justice Centre — 2023

At the hearing on 7 July 2023, Employment Judge Povey decided a preliminary issue only: whether Ms Ashley was disabled within section 6 Equality Act 2010 during the period October 2021 to August 2022. The case context recorded complaints of unfair dismissal, direct disability discrimination, discrimination arising from disability, and failure to make reasonable adjustments, but the reasons address only disability status.

The tribunal accepted that Ms Ashley had rheumatoid arthritis, Reynaud’s and Sjogren’s syndrome and that those conditions were long-term. It was also prepared to accept that she was taking Cimzia and other prescribed medication during the relevant period. However, the tribunal found the evidence insufficient to show that, ignoring the effects of medical treatment, the conditions had a substantial adverse effect on her ability to carry out normal day-to-day activities between October 2021 and August 2022.

The reasons emphasised gaps in the claimant’s disability impact statement, the lack of corroborative and contemporaneous medical evidence, and the absence of an explanation for why such evidence had not been obtained. The tribunal treated a 2012 rheumatology letter as of limited assistance because it was remote from the relevant period and did not explain functional impact on day-to-day activities. It also gave little weight to the ET1 tick-box answer denying disability and noted that the PIP evidence did not provide a breakdown of points or contemporaneous support for the relevant period. The tribunal therefore held that Ms Ashley was not disabled at the relevant time, so the disability discrimination complaints failed on that basis.