Mr T Powell v Moguntia Food Ingredients UK Ltd — 2020

Mr T Powell worked for Moguntia Food Ingredients UK Ltd as a Senior Development Technologist from 1 December 2017 until his dismissal on 26 September 2019. The hearing was limited to a preliminary issue: whether, at the times material to his complaints, he was a disabled person within section 6 of the Equality Act 2010. The impairment relied on was dyslexia, which the respondent accepted could amount to a mental impairment, but it did not accept that the claimant met the statutory definition of disability.

The tribunal considered the claimant's evidence, including a 2004 psychologist's report and his later statements about difficulties with reading and writing typical information, numerical data, learning and recalling information, deadlines, complex instructions, concentration, verbal communication and visual stress. It found that much of that material was generalised, often drawn from external sources, and did not give clear personal examples of the extent to which the claimant's dyslexia affected his normal day-to-day activities. The tribunal also noted that the claimant said he used coping strategies and that Mr Miller, who worked closely with him, did not observe the claimed difficulties in the workplace.

Applying section 6, section 212(1), Schedule 1 and the disability Guidance, and referring to authorities including Herry, J v DLA Piper, Goodwin, Ahmed, Aderemi and Law Hospital NHS Trust v Rush, the tribunal held that the claimant had not proved a substantial adverse effect on normal day-to-day activities or that any such effect was long-term. It therefore found that he was not disabled at the material time. Because the claimant's complaints were predicated on disability, they were all dismissed.