Commentary

This case is a useful reminder about the meaning of disability in the Equality Act and the matters that expert evidence must address. 

Learning points:

• A report may be only as reliable as the subject of the report.

• It is a matter for the tribunal to assess the reliability of the claimant.

• Just because someone has a diagnosis, such as of autism or ADHD, it does not mean that they are disabled within the meaning of section 6 of the EA 2010.

• A report should make clear upon what basis the diagnosis has been made and how findings as to the ability to carry out day-to-day activities has been reached; the tribunal needs evidence as to the impact of that impairment.

• It is then for the Tribunal to engage with all of the evidence to deal with the question of 'substantial adverse effect'.

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