Mr A Paterson v Edinburgh Napier University — 2022

At the preliminary hearing on 16 June 2022, the tribunal determined whether Mr Paterson was a disabled person within section 6 of the Equality Act 2010 by reason of asthma and/or autism, and whether his amendment application dated 19 November 2021 should be allowed. It accepted his evidence as credible and reliable, together with the medical material before it, including the GP report on asthma and the 2019 psychiatry report on autism.

The tribunal found that asthma was a physical impairment and autism was a mental impairment. Applying the statutory test of a substantial and long-term adverse effect on normal day-to-day activities, and taking into account the effect of treatment under paragraph 5 of Schedule 1, it held that the deduced effects of asthma were substantial and long term. It also accepted that autism caused continuing difficulties with eye contact, interpreting language and body language, change in routine, transport, shopping, dressing, and anxiety, and that these effects were substantial and long term.

On the amendment application, the tribunal recorded that the respondent accepted there was no new factual case and that any prejudice would be limited to additional submissions and time. Applying Selkent Bus Co Ltd v Moore and Cocking v Sandhurst (Stationers) Ltd, it concluded that it was in the interests of justice to allow the amendment. The tribunal then directed that the case be listed for a final hearing; it did not decide the substantive discrimination allegations under sections 13, 19, 20, 26 or 27 at this stage.