ADHD disability claim fails for lack of medical evidence
A former employee who claimed disability discrimination based on ADHD had her claim dismissed after the tribunal found she had not proven she had the condition on the balance of probabilities.
1 min read · Last updated 19 May 2026
Case details
- #adhd
- #dyslexia
- #preliminary-hearing
- #disability-status
- #burden-of-proof
Key facts
- The claimant alleged disability discrimination based on ADHD and dyslexia.
- The respondent conceded the claimant was disabled due to dyslexia.
- The claimant provided no medical diagnosis of ADHD.
- The claimant's evidence included a self-assessment checklist and a disability impact statement.
- The tribunal found the claimant had not proven she had ADHD on the balance of probabilities.
Timeline
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Claim form issued
The claimant filed a claim form with multiple allegations including disability discrimination, whistleblowing, and unpaid wages.
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First preliminary hearing
Employment Judge Harding held a case management hearing; the claimant outlined her claims and indicated she did not wish to pursue sex discrimination or sexual harassment.
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Second preliminary hearing
Employment Judge Harding held another case management hearing; the claimant provided further particulars of her claims, and the respondent conceded the claimant was disabled due to dyslexia.
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Preliminary hearing on disability status
Employment Judge Gilroy KC heard evidence on whether the claimant was disabled due to ADHD; the claimant appeared in person, the respondent was represented by counsel.
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Judgment issued
The tribunal ruled that the claimant was not disabled due to ADHD at the relevant time, and granted limited permission to amend the claim form.
The legal issue
Whether the claimant was a disabled person within the meaning of the Equality Act 2010 by reason of ADHD at the time of the alleged discriminatory acts.
The outcome
The tribunal dismissed the claim that the former employee was disabled due to ADHD. The respondent had already conceded she was disabled due to dyslexia, but the ADHD issue proceeded to a preliminary hearing.
The key reason was that the claimant failed to prove she had ADHD on the balance of probabilities. She provided no medical diagnosis, no GP records, and no expert report. Her evidence consisted only of a self-assessment checklist and a disability impact statement describing symptoms, which the tribunal found insufficient without expert opinion linking those symptoms to ADHD.
No compensation was awarded as the claim on this issue was dismissed.
Lessons & takeaways
- If you claim disability based on a condition, you must provide medical evidence such as a diagnosis from a qualified professional or GP records.
- Self-assessment checklists and personal statements are not enough to prove a disability – tribunals expect objective medical evidence.
- If you can afford a private assessment but delay obtaining it, the tribunal may infer that you have not taken reasonable steps to prove your case.
- Even if one disability is conceded, you still need to prove any additional conditions separately with proper evidence.
This case shows the importance of having proper medical evidence when claiming disability discrimination. The former employee alleged she was disabled due to ADHD, but the tribunal found she had not proven she even had the condition. She relied on a self-assessment checklist and her own description of symptoms, but provided no diagnosis from a psychiatrist or GP.
What the tribunal looked for
The tribunal noted that a diagnosis of ADHD should come from a qualified healthcare professional. The claimant admitted she could afford a private assessment but had not arranged one, saying it was "simply a matter of finding the right clinic." The tribunal found this insufficient – without expert opinion linking her symptoms to ADHD, she could not show she had the impairment.
What the respondent did right
Dunton Environmental Limited conceded the claimant was disabled due to dyslexia early on, which narrowed the issues. But they contested the ADHD claim, and the tribunal agreed there was no evidence to support it. The respondent's counsel successfully argued that the burden of proof was on the claimant, and she had not met it.
Why this matters
For anyone considering a disability discrimination claim, this case is a reminder that the tribunal will scrutinise the evidence for each alleged condition separately. A self-diagnosis or a checklist is not enough – you need medical records or a report from a qualified professional. If you have the means to obtain an assessment but delay, the tribunal may draw adverse inferences. The outcome also highlights that even where one disability is conceded, additional conditions must be proven on their own merits.
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