Mr A Young v Wm Morrison Supermarkets Limited — 2020

The Claimant brought a disability discrimination claim after dismissal, alleging unfavourable treatment because of something arising in consequence of disability. At the preliminary hearing, the relevant issue was whether he was disabled for the purposes of the Equality Act 2010 between 1 April and 14 May 2019. The Claimant relied on ADHD only; anxiety was not pursued as an impairment, and the Respondent conceded that he had ADHD during the relevant period.

The Tribunal accepted the Claimant's evidence as honest and credible. It found that ADHD adversely affected his ability to carry out normal day-to-day activities including organising clothes, taking medication, managing time, and attending medical appointments. The Tribunal did not find sufficient evidence that difficulty speaking on the telephone was caused by ADHD.

The Tribunal found the adverse effects caused by ADHD were substantial because they were more than minor or trivial and went beyond normal differences in ability for a 19-year-old. It also found the effects were long-term, having existed for a number of years and certainly for at least 12 months by the relevant period. The Claimant was therefore a disabled person for the purposes of the Equality Act 2010 during the relevant period.