Claimant v Panton McLeod Ltd

Outcome

Facts

The claimant brought disability discrimination and harassment claims against Panton McLeod Ltd arising from events in January 2024. He asserted he was disabled by reason of two conditions: Autism Spectrum Disorder (diagnosed 2017) and ADHD (claimed diagnosis 2019). The respondent contested disability status. At a preliminary hearing on 15 November 2024, the tribunal heard evidence on whether the claimant met the statutory definition of disability under the Equality Act 2010. The claimant appeared in person and gave evidence. He failed to rejoin the hearing after lunch, and the tribunal proceeded in his absence to hear the respondent's submissions and make its determination.

Decision

The tribunal found the claimant was disabled by reason of Autism Spectrum Disorder only. It accepted he was diagnosed in 2017 and that ASD is a lifelong condition. Evidence showed that at the material time (January 2024), ASD substantially affected his ability to wash, dress, eat breakfast, travel, and shop without assistance. However, the tribunal dismissed claims based on ADHD because the claimant failed to prove he had been properly diagnosed with ADHD or that it had substantial and long-term effects at the relevant time. Claims proceed to final hearing on the basis of ASD as the protected characteristic.

Practical note

Legal authorities cited