Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Disability discriminationEmployment tribunalsNeurodiversity

ADHD and autism diagnosis was evidence of impact, rules EAT

by Jo Faragher 9 Jul 2025
by Jo Faragher 9 Jul 2025 The claimant's diagnoses were evidence of the impact of his disability, the EAT ruled
The claimant's diagnoses were evidence of the impact of his disability, the EAT ruled

A diagnosis of ADHD or autism can contribute to the definition of and impact of disability, the Employment Appeal Tribunal has ruled.

In the case of Stedman v Haven Leisure, Harry Stedman had a diagnosis of Autism Spectrum Disorder (ASD) and ADHD. He applied for a role at holiday company Haven but his application was rejected.

He made a claim to the employment tribunal of disability discrimination, but this was rejected on the basis that his impairment did not have a substantial impact on his normal day-to-day activities, and so did not meet the definition of a person with a disability for the purposes of the Equality Act.

Stedman appealed, and the EAT has now ruled that the initial tribunal erred in finding that the claimant’s impairments did not amount to a disability.

ADHD and autism

Apprentice with ADHD was fairly dismissed after lunch incident 

Are employers ready to recruit more people with ADHD? 

Stedman claimed that the decision he did not have a disability was “perverse” in the light that he had submitted a report from a recognised clinician confirming his diagnosis.

The appeal also alleged that the judge in the initial tribunal had focused on what Stedman could do, rather than what he could not. The fact he could form social relationships and visit friends, and had a degree, were cited as significant facts in the initial case.

Employment Judge Holly Stout observed that a clinical diagnosis of ADHD can be used as evidence not only of an impairment but also of its impact.

“The diagnosis means they have been judged by a clinician to have significant (i.e. clinically ‘more than minor or trivial’) difficulties with the areas of functioning covered by the diagnosis,” the EAT ruled.

The judge also noted that the mental or physical impairment only needed to have “substantial” adverse effect on just one day-to-day activity.

She added that the correct comparison for the tribunal would have been between “the claimant as they are and as they hypothetically would be without the impairment”.

The EAT dismissed claims by Haven that Stedman’s appeal lacked credibility, and allowed the appeal to succeed.

The claim will now be handed back to a new tribunal to consider the evidence.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

 

Employee relations opportunities on Personnel Today


Browse more Employee Relations jobs

Jo Faragher

Jo Faragher has been an employment and business journalist for 20 years. She regularly contributes to Personnel Today and writes features for a number of national business and membership magazines. Jo is also the author of 'Good Work, Great Technology', published in 2022 by Clink Street Publishing, charting the relationship between effective workplace technology and productive and happy employees. She won the Willis Towers Watson HR journalist of the year award in 2015 and has been highly commended twice.

previous post
Doctors vote for return to strike action
next post
Gregg Wallace sacked amid fresh misconduct allegations

You may also like

£188k tribunal award for director sacked after cardiac...

10 Jul 2025

Ethnicity and disability pay gaps: Ready to report?...

1 Jul 2025

One in eight senior NHS managers from black...

1 Jul 2025

HR manager with ‘messy’ work loses discrimination case

25 Jun 2025

Swearing chef awarded £13,000 for disability discrimination

4 Jun 2025

Disability harassment and discrimination ‘shockingly high’

3 Jun 2025

Sighing in frustration at colleague was discriminatory, judge...

23 May 2025

Union rep teacher awarded £370k for unfair dismissal

15 May 2025

NHS worker awarded £29k after Darth Vader comparison

8 May 2025

Apprentice with ADHD was fairly dismissed after lunch...

10 Apr 2025

  • Empower and engage for the future: A revolution in talent development (webinar) WEBINAR | As organisations strive...Read more
  • Empowering working parents and productivity during the summer holidays SPONSORED | Businesses play a...Read more
  • AI is here. Your workforce should be ready. SPONSORED | From content creation...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+