In person For the v Respondent — 2023

On 16 August 2023 Employment Judge S Moore heard preliminary issues in a case brought by Mr S C Winwright against TSYS Managed Services EMEA Ltd. The claimant had worked as a Fraud Analyst from 16 September 2022 to 1 December 2022, when he was summarily dismissed. His complaint was understood to include a disability discrimination allegation, in substance a reasonable adjustments complaint about being required to work shifts ending at 8.00pm, and an unfair dismissal complaint.

The tribunal accepted that the claimant had a 2016 psychological assessment which diagnosed a specific learning difficulty, described in the report as Dyslexia. It nevertheless found that he had not shown a substantial adverse effect on his ability to carry out normal day-to-day activities. The judge relied on the evidence that he regularly used public transport for local journeys, had no difficulty travelling to and from work when his shift finished at 6.30pm, and had set out the relevant timetables in emails complaining about the inconvenience and cost of the 8.00pm journey rather than saying that Dyslexia made the journey impossible. The tribunal also noted that his application form said he did not consider himself disabled, gave only "N/A (dyslexia - spellings)" in response to a health/disability question, and that a Disabled Students' Allowances report said he had no mobility issues and no difficulty navigating around campus.

The tribunal therefore held that Mr Winwright was not a disabled person within section 6 Equality Act 2010 at the material time and struck out the disability discrimination complaint. It also struck out the unfair dismissal complaint because he did not have two years' service, so the tribunal lacked jurisdiction to hear it. The judgment records that the claim was dismissed in its entirety.