Mr M Neto v Packaging Automation Limited and 1 other — 2021

The preliminary hearing concerned only whether Mr M Neto was disabled within the meaning of section 6 Equality Act 2010. The respondents accepted that he had a stammering or stuttering condition which could amount to a physical or mental impairment, and also accepted that it was long-term. The tribunal recorded that Mr Neto’s reference to anxiety was not a separate disability complaint, but part of the effect he said the stammering had on him.

The tribunal accepted that Mr Neto had stuttered since childhood and had undergone speech and language therapy in 2010, after which he was given strategies to manage the condition. It also accepted that he had informed the recruitment agency of the condition and wanted his employer to be aware of it. However, the tribunal found that the medical evidence was limited and did not address in detail the extent of the effect on day-to-day activities, so it relied heavily on the oral evidence from Mr Neto and from multiple work colleagues and managers.

Applying section 6 Equality Act 2010 and the approach in Goodwin v Patent Office, the tribunal held that although Mr Neto experienced some pauses and occasional mild stammering, the evidence did not show a substantial adverse effect on his ability to carry out normal day-to-day activities at work. It found that the tasks he said were difficult, including phone calls, speaking with colleagues and presenting at daily meetings, were not shown to have caused significant communication difficulty or performance problems. The tribunal also referred to the statutory meaning of “substantial” as more than minor or trivial, and concluded on the balance of probabilities that the condition did not meet that threshold.

The result was that the disability discrimination complaint was dismissed. The judgment also dismissed the claim insofar as it related to the second respondent, and stated that the complaints of breach of contract and unlawful deduction from wages were unaffected and would proceed to the final hearing.