McManus Ms Donna Taggart v East Dunbartonshire Council — 2017

The sole issue at the preliminary hearing was whether the claimant had the protected characteristic of disability for the purposes of section 6 Equality Act 2010, based on dyslexia or a specific learning disability. The tribunal accepted that the claimant had a specific learning disability and that it had an adverse effect on normal day-to-day activities, and proceeded on the basis that it was long-term.

The tribunal considered the 1998 and 2014 assessment reports, the 2016 letter, the claimant's oral and written evidence, and the authorities and statutory guidance cited by both parties. It found limitations in the medical evidence, including that the reports did not expressly state that the claimant had dyslexia or was disabled under the Equality Act, gave little indication of the extent of the effect on day-to-day activities, and did not address the material dates in February 2016.

The tribunal did not accept the claimant's evidence as wholly credible or reliable on the extent of her difficulties, particularly where her account was inconsistent with the reports or not supported by them. It placed weight on objective test results showing performance within or above the average range of the comparator group when coping strategies were used, and found that reasonable coping strategies used or available to the claimant reduced the effect so that it was not substantial.

The tribunal concluded that the claimant had not proved on the balance of probabilities that her impairment had a substantial adverse effect on her ability to carry out normal day-to-day activities. She was therefore not a disabled person within the meaning of section 6 Equality Act 2010, and the disability discrimination claim was dismissed.