Ms E McGladdery v Alpha Plus Group Ltd and 3 others — 2023

At a preliminary hearing on 16 November 2023, Employment Judge Ramsden decided whether Ms E McGladdery was disabled for Equality Act 2010 purposes by reason of autism spectrum disorder, chronic fatigue syndrome, and hypermobility during June to September 2022. The First Respondent accepted that she was disabled by reason of anxiety and depression and dyspraxia, but disputed the three conditions in issue. The tribunal applied section 6 of the Equality Act 2010 and the Goodwin four-question approach, together with the authorities and guidance cited in the reasons.

On ASD, the tribunal accepted that the claimant and her parents had long suspected autistic traits and that she had received a verbal indication of 'risk of autism', but it gave no weight to her not continuing with an England screening assessment after the offer of employment was withdrawn. It held that the alleged ASD symptoms could not be separated on the evidence from effects attributable to dyspraxia and/or anxiety and depression, and was not satisfied on the balance of probabilities that those symptoms were in fact effects of ASD.

On CFS, the claimant repeatedly said that she did not have CFS and regarded chronic fatigue as part of her dyspraxia. The tribunal found that she did not have CFS and noted that its jurisdiction was limited to the complaints actually pleaded. On hypermobility, the respondent accepted the impairment existed, but the claimant's evidence was that it had only limited impact, with mild pain, no regular use of painkillers, and no material restriction of day-to-day activities; the tribunal held that any adverse effect was not substantial.

The result was that the claimant was not disabled at the relevant times by reason of ASD, CFS, or hypermobility. The judgment did not determine the substantive disability discrimination complaints, which were listed to proceed to a hearing beginning on 18 November 2024.