Mrs H Packwood (the claimant’s mother) For the v Mr M McBride (Solicitor) — 2024

The public preliminary hearing was listed to decide whether the claimant was a disabled person under section 6 of the Equality Act 2010 by reason of autism and/or Rolandic epilepsy. The respondent had conceded that the claimant's autism was a disability, but disputed whether Rolandic epilepsy continued during employment and whether its past effects met the statutory definition.

The tribunal found that the claimant had been diagnosed with Rolandic epilepsy as a child and had grand mal seizures until 2012, but was not disabled by reason of Rolandic epilepsy from 2013 onwards. It nevertheless found that the impairment had previously had a substantial adverse effect on day-to-day activities, including through loss of consciousness and restrictions arising from the risk of seizures, and therefore amounted to a past disability for the purposes of the Equality Act 2010.