Mr Nicci Drysdale v Ascensos Ltd — 2023

At a preliminary hearing on 13 October 2023, Employment Judge R McPherson considered only whether Mr Nicci Drysdale was a disabled person under s.6 Equality Act 2010 for the period from around 27 September 2021 to 21 June 2023. The respondent did not dispute the ADHD diagnosis in the medical evidence, but argued that the claimant had not shown a substantial adverse effect on normal day-to-day activities. The tribunal recorded medical evidence from Dr Paul Sheard dated 22 August 2023 and Eileen Davidson dated 4 October 2023, and noted that the claim was continued to the existing final hearing listed for 27 to 29 November 2023.

The tribunal accepted the claimant's evidence that, when the effects of medication wore off or medication was missed, ADHD caused loss of concentration, forgetfulness, reduced attentiveness and difficulty with shopping, crossing roads, speaking and some household tasks. Applying s.6 Equality Act 2010, Schedule 1, s.212, and the authorities it cited including Herry v Dudley MBC, Taylor v Ladbrokes Betting and Gaming, Paterson, Goodwin, Morgan, Leonard and Aderemi, the tribunal found that ADHD was a mental impairment that had a substantial and long-term adverse effect on the claimant's ability to carry out normal day-to-day activities. It therefore held that Mr Drysdale was a disabled person under the Equality Act 2010; the respondent's knowledge was not determined at this hearing.