Mr R Bordon v Iduna OMA Ltd — 2025

This was a preliminary hearing on the sole issue whether Mr R Bordon was a disabled person within the meaning of section 6 of the Equality Act 2010 by reason of ADHD and/or dyslexia at the material times, including up to his dismissal on 28 February 2023 and the dismissal appeal on 13 April 2023. The tribunal heard evidence from the claimant and the respondent's chief operating officer, considered medical evidence from Dr Asad Raffi, and applied the statutory definition of disability together with the authorities it cited, including Goodwin v Patent Office and Chief Constable of Norfolk v Coffey.

The tribunal accepted that the claimant had impairments of ADHD and dyslexia. It found that the ADHD diagnosis made in June 2022 was supported by unchallenged medical evidence and that the condition affected his interactions at work, including compiling reports, making presentations, and participating in group meetings. The tribunal found that he had difficulty focusing, procrastinated, spoke across others, and often failed to moderate his behaviour in group situations. Although medication improved symptoms, the tribunal found that the impairment still had a substantial adverse effect on his ability to carry out normal day-to-day activities.

As to dyslexia, the tribunal found that the condition had existed since childhood and caused a mild impairment, but that dyslexia alone would not have met the statutory threshold for disability because of the coping strategies the claimant had developed. Taking the combined effect of ADHD and dyslexia into account, the tribunal concluded that the claimant was disabled at all material times from the start of his employment in July 2022 until termination and appeal. No findings on dismissal liability or any monetary remedy were made in this judgment.