Claimant v Nurture Childcare Services Limited
Outcome
Individual claims
This was a preliminary hearing to determine whether the claimant was a disabled person. The tribunal found that the claimant is a disabled person within the meaning of s6 Equality Act 2010 by reason of ADHD during the relevant period of employment. The substantive discrimination claims have not yet been determined.
Facts
The claimant, Ms K Jenkinson, brought disability discrimination claims against two childcare companies, Nurture Childcare Services Limited and Pebbles Care Limited. A preliminary hearing was held to determine whether the claimant was a disabled person within the meaning of the Equality Act 2010. The first respondent did not attend the hearing. The second respondent was represented by solicitor Ms Rookes. The claimant represented herself.
Decision
The tribunal determined that the claimant is a disabled person within the meaning of section 6 of the Equality Act 2010 by reason of Attention Deficit Hyperactivity Disorder (ADHD) and was so during her employment with the respondents. This preliminary issue determination allows the substantive discrimination claims to proceed.
Practical note
The tribunal accepted that ADHD can constitute a disability under the Equality Act 2010 where it meets the statutory criteria of having a substantial and long-term adverse effect on the ability to carry out normal day-to-day activities.
Legal authorities cited
Statutes
Case details
- Case number
- 6014259/2024
- Decision date
- 24 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No