Mrs D Bond v Mrs Lesley Burgoyne — 2022

This was a preliminary hearing on 21 March 2022 before Employment Judge Ainscough to decide whether the claimant's daughter was disabled for the purposes of section 6 Equality Act 2010. The reasons state that the claimant had also brought claims of disability discrimination, breach of contract and unlawful deduction from wages, but this judgment determined only the disability-status issue.

The tribunal found that the claimant's daughter, who was 8 years old during the relevant period from 21 February 2020 to 8 April 2020, had dyslexia, autism and anxiety. The claimant relied on later medical evidence, including a dyslexia diagnosis on 24 November 2021, a CAMHS discharge note on 23 December 2021 referring to the Autism Spectrum Condition pathway, and an autism diagnosis in February 2022. The respondent argued that the evidence was not conclusive, that diagnosis came after employment had ended, and that the described behaviour was ordinary childhood behaviour.

The tribunal accepted that the claimant's daughter had a mental impairment at the relevant time. It found substantial adverse effects on normal day-to-day activities, including sleep, social interaction, personal care, and ability to hold a conversation, and noted that she was on the Special Educational Needs register and about three years behind her peers. The tribunal accepted the Axia therapist's diagnosis of autism and found the therapist adequately qualified. It also accepted that the difficulties had existed since birth and were long term. The tribunal therefore concluded that the claimant's daughter was a disabled person within section 6 Equality Act 2010.