North Lanarkshire Council

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8000621/2025 Held in Glasgow via Cloud Video Platform (CVP) on 15 July 2025 Employment Judge B Campbell Ms M HunterClaimant In Person North Lanarkshire Council Respondent Represented by: Ms K Howard - Solicitor JUDGMENT OF THE EMPLOYMENT TRIBUNAL The judgment of the tribunal is that: 1. The claimant had a disability as defined in section 6 of the Equality Act 2010 by way of Attention Deficit Hyperactivity Disorder (ADHD) combined type at the material time for the purposes of her claim, and 2. The claimant’s complaints based on possessing the protected characteristic of disability will proceed to the full hearing as listed. REASONS General 1. This claim arises out of the claimant's employment with the respondent which, the parties appear to agree, ended on 1 November 2024. She alleges constructive unfair dismissal under section 94 of the Employment Rights Act 1996, discriminatory dismissal under section 39 of the Equality Act 2010 (‘EqA’) and a failure to make reasonable adjustments under sections 20 and 21 EqA. 2. The claimant relies on the protected characteristic of disability within section 6 of EqA. The condition founded upon is Attention Deficit Hyperactivity Disorder (ADHD) combined type. The respondent does not accept she had such a condition to the extent that it qualified as a disability under the Act. In 8000621/2025 Page 2 particular it does not accept that such condition had a substantial and long- term adverse impact on her normal day-to-day activities. 3. This preliminary hearing had the sole purpose of determining whether the claimant was a disabled person in that statutory sense. 4. The period of 3 December 2023 until 1 November 2024 was treated as the ‘material time’ for the purpose of assessing whether the claimant had a disability. This covers the dates of all events and acts she refers ...