/>iThe UK Employment Appeal Tribunal (EAT) has considered what protection is offered to job seekers and workers with attention deficit hyperactivity disorder (ADHD) under the disability discrimination provisions of the Equality Act 2010.
In the case of Stedman v Haven Leisure Limited [2025] EAT 82, Mr. Stedman had applied to Haven Leisure Limited, an operator of UK holiday parks, for a job as an animation host. Mr. Stedman’s application was unsuccessful, and he brought a disability discrimination claim based on the manner in which Haven handled his application. At a preliminary hearing, the Employment Tribunal determined that Mr. Stedman did not have a “disability” as defined by the Equality Act, meaning that his claim could not proceed. Mr. Stedman appealed to the EAT and was ultimately successful in having the decision overturned and the case remitted to a new employment tribunal.
Disability Definition Under the UK Equality Act: the Stedman Case
Under the Equality Act, a person is deemed to have a disability entitling them to certain protections if they:
- Have a physical or medical impairment; and
- The impairment has a substantial and long-term adverse effect on that person’s ability to carry out normal day-to-day activities.
In this context, “substantial” means “more than minor or trivial,” and an impairment is taken to be long term if it has lasted for 12 months or more, is likely to last for at least that duration, or it is likely to last for the rest of that person’s life.
Whilst we use the terms “worker” and “employee” interchangeably in this GT Alert, the Equality Act affords protection to both categories, as well as job applicants.
Although there is no need for a medical diagnosis for an individual to claim protection under the Equality Act, any such diagnosis would be relevant to an individual’s claim for disability discrimination. Central to Mr. Stedman’s case was a medical report that stated that he had both ADHD and Autism Spectrum Disorder (Autism). Such a diagnosis alone is not sufficient to determine the question as to whether an individual has the benefit of protections offered to disabled workers; the question is what impact the condition has on the individual’s ability to carry out day-to-day activities. In this case, the employment tribunal compared activities that the claimant had difficulty with, such as travelling in crowded public transport, forming friendships, and with concentration, and attempted to balance these against other activities that the claimant reported being able to carry out. These included achieving qualifications at school, making friends (despite this taking a long time), and performing in front of an audience. Having conducted this exercise, the Employment Tribunal judge concluded that the claimant’s disability did not have a substantial impact on his normal day-to-day activities and therefore he did not meet the definition of a disabled person under the Equality Act.
The EAT overturned this finding on the basis that the case law in this area indicates that it is not correct to “weigh up” activities that a claimant can do compared to those which they cannot. The correct approach is to instead compare the claimant’s abilities as they are with the impairment with what they would be if they did not have that impairment. If it can be said that the claimant experiences a substantial and long-term adverse effect on just one day-to-day activity, then that is enough for the individual to benefit from the protections the Equality Act offers. Furthermore, whilst a clinical diagnosis alone is not enough to determine this point, it is evidence that points towards the impairment having a substantial, adverse effect on the individual in question.
Employer Obligations for ADHD and Autism Accommodations in UK Workplaces
This case is important partly because of the rise of ADHD and Autism diagnoses in recent years, and partly because of the protections offered to workers who are deemed to have a disability. In some respects, these protections afford disabled workers rights not afforded to others, such as the duty on employers to make “reasonable adjustments” to mitigate the additional challenges disabled employees face in the workplace. The employer is also obliged to make these adjustments and to comply with other, related provisions where it knew or “ought reasonably to have known” that the worker had a disability and that they suffered an associated, substantial disadvantage at work. Employers therefore cannot put the onus on the employee to disclose their disability or to request certain adjustments. The employer has a duty to proactively make reasonable enquiries if the circumstances indicate that an employee may be disabled and that they may need additional support.
Disability discrimination in the UK continues to be a complex and frequently misunderstood area of law. Bearing in mind that discrimination claims attract uncapped compensation awards, and the reputational risk associated with such claims, employers should ensure that they have appropriate training programmes and policies in place to raise awareness, particularly amongst staff with line management responsibilities.
UK Disability Employment Gap: Statistics and Workplace Inclusion
There is, however, also a broader question about the role of people with disabilities in the workplace. According to data published by the UK Department for Work and Pensions, the disability employment gap in the UK currently stands at 28.5%, representing the difference between employment rates of disabled and non-disabled people. The number of people in the UK who identify as having a disability is increasing; the 2023/2024 Department of Work and Pensions Family Resources Survey indicates that 16.8 million people, equivalent to 25% of the UK population, identify as such. This represents an increase of five percentage points compared with the statistics published 10 years earlier. Of those working age adults identifying as disabled, mental health impairments were the most widely reported, with 48% of respondents reporting such an impairment. Meanwhile, the UK is experiencing labour shortages across various sectors.
Given these statistics and current labour market conditions, employers may wish to review their working practices to assess opportunities for enhancing workplace inclusivity for all employees, including those with disabilities.
