Ms M. Giltinane v Oxleas NHS Foundation Trust — 2023

This reserved judgment was confined to the issue of disability. Employment Judge A. Beale found that Ms M. Giltinane was a disabled person within the meaning of section 6 Equality Act 2010 by reason of ADHD throughout her employment with Oxleas NHS Foundation Trust, from 17 August 2020 to 15 January 2022. The tribunal accepted that ADHD was a lifelong condition and that the relevant period for the disability issue ran at least through her employment, whether it ended on her resignation date of 18 October 2021 or on expiry of notice on 15 January 2022.

The tribunal did not find, on the balance of probabilities, a separately diagnosed impairment of depression or anxiety during the relevant period, although it said that point was not material to the overall disability analysis because the symptoms experienced by the claimant had to be considered in the round. It relied on the medical evidence, including Dr Kripalani's letters and the Practitioner Health Programme notes, which described persistent problems with focus and attention, distractibility, procrastination, disorganisation, anxiety, checking behaviour, and difficulty dealing with paperwork and multiple tasks. The tribunal found those effects were more than minor or trivial and affected normal day-to-day activities such as reading and following instructions, completing forms, managing bills and insurance, driving, and coping with noise and distractions.

On long-term effect, the tribunal held that the substantial adverse effect had been present on a fluctuating basis throughout the claimant's life and throughout her employment. It found that any improvement after medication in July 2021 did not prevent the long-term requirement being satisfied, because the symptoms would likely have continued without treatment and were likely to recur. No monetary remedy was determined in this judgment, and no award was recorded.