Claimant v Secretary of State for Work and Pensions
Outcome
Individual claims
The tribunal found the claimant was not disabled due to Autism at the relevant times. The impairments identified (sleep difficulties, social difficulties, sensory issues) were attributable to the already-accepted conditions of fibromyalgia, PTSD, stress and anxiety rather than autism. The claim proceeds on the basis of the accepted disabilities only.
This preliminary hearing only determined disability status in relation to autism. The substantive discrimination claims based on the accepted disabilities (fibromyalgia, PTSD, anxiety, stress) remain to be heard at the final hearing scheduled for February 2026.
This preliminary hearing only determined disability status in relation to autism. The substantive reasonable adjustments claims based on the accepted disabilities remain to be heard at the final hearing scheduled for February 2026.
This preliminary hearing only determined disability status in relation to autism. The substantive indirect discrimination claims based on the accepted disabilities remain to be heard at the final hearing scheduled for February 2026.
This preliminary hearing only determined disability status in relation to autism. The substantive harassment claims based on the accepted disabilities remain to be heard at the final hearing scheduled for February 2026.
This preliminary hearing only determined disability status in relation to autism. The substantive victimisation claims based on the accepted disabilities remain to be heard at the final hearing scheduled for February 2026.
Facts
The claimant worked as a work coach for DWP since 1998. She has multiple health conditions including fibromyalgia, PTSD, anxiety and stress (accepted as disabilities by respondent). She also claimed to be disabled due to autism, carpal tunnel syndrome, asthma and long Covid. The claimant withdrew claims relating to carpal tunnel, asthma and long Covid. A therapist recommended autism assessment in December 2023 but no formal diagnosis had been made. The claimant identified various impairments including sleep difficulties, sensory issues, social difficulties which she attributed to autism.
Decision
The tribunal found the claimant was not disabled by reason of autism at the relevant time. While the claimant demonstrated several impairments with substantial and long-term effects on day-to-day activities, the medical evidence supported these being attributable to her already-accepted disabilities (fibromyalgia, PTSD, anxiety, stress) rather than autism. The disability discrimination claims will proceed based on the accepted disabilities only.
Practical note
Without formal diagnosis, establishing autism as a disability requires clear medical evidence distinguishing autism-related impairments from those caused by overlapping conditions, particularly where other mental health disabilities are already accepted.
Legal authorities cited
Statutes
Case details
- Case number
- 2403387/2024
- Decision date
- 16 May 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- central government
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Work coach
Claimant representation
- Represented
- Yes
- Rep type
- barrister