Ms N C Momah v The Secretary of State for Justice — 2022

At an open preliminary hearing, the tribunal considered whether the claimant was a disabled person within section 6 Equality Act 2010 at the material time, identified as between 18 August 2020 and June 2021. The claimant relied on an undiagnosed learning disability, clarified at the hearing as dyslexia, but she had never been diagnosed with dyslexia or a learning disability.

The tribunal reviewed the occupational health report, workplace assessment report, British Dyslexia Association checklist result, GP letters, the claimant's disability impact statement, and her oral evidence. It found the checklist was not diagnostic and was not reliable material from which to draw conclusions about the relevant period. It also noted evidence that the claimant had worked in previous roles without relevant difficulty until moving team in August 2020, and that her evidence linked the asserted difficulties to stress in the new role.

The tribunal concluded it could not find that the claimant had dyslexia or a learning disability at the material time. It further held that, even if there had been an impairment, the claimant had not shown that it had a substantial adverse effect on normal day-to-day activities; her evidence described the impact of treatment by her line manager and stress rather than the impact of a mental impairment itself. The tribunal therefore found that the claimant was not disabled for Equality Act purposes and dismissed the disability-related claims and victimisation claim. The claim for 'other payments' was dismissed on withdrawal.