Claimant v Moss Care St Vincent’s Housing Group — 2022

This was a preliminary hearing on two issues: whether the claimant's dyslexia amounted to a disability under the Equality Act 2010, and whether the claim was brought in time. The respondent accepted that the claimant's depression was a disability, so the tribunal only had to decide the dyslexia issue. The tribunal had before it a Quick Screen report from May 2021 and a diagnostic report from Dr Zacharia dated March 2022, and it heard evidence from the claimant about the effect of the condition on his work and daily activities.

Applying section 6 Equality Act 2010 and the sequential approach described in J v DLA Piper, the tribunal found that the claimant had a mental impairment at the relevant time, that the impairment had an adverse effect on normal day-to-day activities, that the effect was substantial, and that it was long term. The tribunal accepted that the claimant had difficulty with lengthy emails, with reading and writing speed, and with combined tasks such as listening on the telephone while taking notes or paying attention in meetings while taking notes. It accepted the medical evidence that he required support strategies and assistive technology for some work tasks and found that the impact was more than minor or trivial.

On time limits, the tribunal found that the claim form was presented outside the three-month primary time limit, but that the complaint about the alleged discrimination was within the period the tribunal thought just and equitable under s123(1)(b). In reaching that conclusion it relied on the claimant's bereavements, his absence from work from 30 November 2020 because of anxiety and depression, his contact with ACAS and use of the respondent's grievance process before issuing proceedings, the assistance he needed to complete the claim, and the absence of material prejudice to the respondent. The tribunal expressly said it had not decided whether the alleged acts from June 2020 to 26 November 2020 amounted to conduct extending over a period, leaving that issue for the final hearing.