EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4103447/2023 (V) Heid at Aberdeen on & February and March 2024 Employment Judge: J M Hendry Members: Mr R Dearie Mrs D Massie Mrs Lisa Mackenzie v , G.O.L.D. Healthcare Solutions Limited — 2024

The claimant, a support worker, was employed by the respondent from 27 June 2022. The tribunal found that by autumn 2022 she had told Mrs Sharon Reid that she had a possible ADHD diagnosis and was having difficulties, and at the 1 November 2022 supervision she said she needed to cut back her hours and work a better work-life balance. Mrs Reid and the claimant agreed a target of four shifts per week and the claimant was told she could contact staff for support.

The tribunal identified the live issue as whether the respondent should have made reasonable adjustments to prevent the claimant working more than four shifts a week. It accepted that the claimant was a genuine and honest witness, but concluded that she was viewing events with hindsight when she said ADHD meant she could not say no to work. The tribunal found that she was not rostered for fixed hours, could choose shifts through an app, and also took shifts directly from third parties and from the NHS.

The tribunal held that the claimant had not established a clear provision, criterion or practice that put her at a substantial disadvantage, nor sufficient evidence that the claimed effect of ADHD on her ability to refuse work was a feature of her particular situation. It also found that the respondent knew of ADHD but did not have evidence that it knew, or should reasonably have known, that the condition had the consequences alleged for her working pattern. Although it noted that a formal occupational health assessment might have been useful and that the respondent tried to support her, the tribunal concluded that the respondent had not failed to make reasonable adjustments and dismissed the claim.