Claimant v Iduna OMA Ltd

Outcome

Facts

The claimant, employed as a senior Construction Manager by an electric vehicle charging point company from July 2022 to February 2023, was diagnosed with ADHD in June 2022 shortly before starting the role. He had been diagnosed with dyslexia in childhood. The respondent dismissed him in February 2023 citing poor performance, particularly over-complicating tasks, poor communication, dominating group meetings, and excessive time taken to complete work. The claimant alleged he was dismissed because of his ADHD. He was prescribed amphetamine medication (Elvanse) from June 2022, progressively increased to 70mg by January 2023. Medical evidence from consultant psychiatrist Dr Raffi diagnosed moderate to severe combined ADHD.

Decision

The tribunal held a preliminary hearing limited to determining whether the claimant was a disabled person within the meaning of the Equality Act 2010. Employment Judge Parkin found that the claimant's ADHD, combined with co-related dyslexia, constituted an impairment that had a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities, particularly in workplace interactions, written communications, presentations, and group meetings. The claimant was therefore disabled at all material times. The substantive claims of direct disability discrimination and breach of contract remain to be determined at a full merits hearing.

Practical note

Legal authorities cited