Disability discrimination: Autism/ADHD diagnosis is relevant factor when considering substantial adverse effect

In Stedman v Haven Leisure Ltd [2025] EAT 82, the claimant applied for a role with Haven Leisure Ltd. He was not successful and brought a claim of disability discrimination in relation to the handling of his application, citing his Autism Spectrum Disorder (ASD) and Attention Deficit Hyperactivity Disorder (ADHD). At a preliminary hearing to determine whether the claimant met the statutory definition of ‘disabled’ under section 6 of the Equality Act 2010 (EqA 2010), the Employment Tribunal (ET) determined that the claimant was not disabled. He successfully appealed to the Employment Appeal Tribunal (EAT) and the case was remitted to a fresh tribunal. The EAT concluded:

• the ET had made a number of errors as a result, in part, of failing to apply the correct principles when considering whether an individual has a disability within EqA 2010, s 6. Although it was not perverse for the ET to have concluded in this case that the claimant was not disabled, it was perverse for it to have done so on the basis of the facts it found and for the reasons that it gave

• (obiter) a diagnosis of ASD or ADHD is not merely a label (ie addressing the question of whether the claimant has an impairment) but reflects a clinician’s assessment of the extent to which that individual’s functioning differs to the ‘norm’, and accordingly is also a relevant factor for the ET to take into account when considering whether the impairment has a ‘substantial adverse effect’.

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