M J Fraser T/a D Fraser

Case Summary

A preliminary hearing to determine disability status in a disability discrimination claim. The claimant, who was diagnosed with Dyslexia at primary school in Australia and has lifelong difficulties with reading, writing and spelling, claimed to be disabled within the meaning of the Equality Act 2010. The respondent disputed this.

The tribunal found that the claimant satisfied all four essential questions for establishing disability status: she had a physical or mental impairment (Dyslexia); the impairment had an adverse effect on her ability to carry out normal day-to-day activities including work-related activities such as reading, writing and form-filling; that effect was substantial; and the effect was long-term as Dyslexia is a life-long neurological condition.

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• •Whether the claimant is a disabled person within the meaning of Section 6 of the Equality Act 2010 by reason of Dyslexia
• •Whether Dyslexia has a substantial adverse effect on the claimant's ability to carry out normal day-to-day activities
• •Whether the effect is long-term

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No:8001585/2025 Held in Aberdeen byCloud Video Platform on 18 February2026 Employment JudgeHendry Mrs Angela Herrera Esteban Claimant In Person Malcolm John Fraser t/a Duncan Fraser Respondent Represented by Mr E Stafford, Solicitor JUDGMENT OF THE EMPLOYMENT TRIBUNAL The Tribunal finds that the claimant is a disabled personin terms of Section 6 of the Equality Act 2010 and wassoat the relevant timehaving the life-long neurological condition of Dyslexia. REASONS 1.The claimant raised proceedings against her former employer for disability discrimination.The claims were opposed. 2.The case proceeded to a case management hearing on 25 September 2025 before Judge McCluskey. She noted that the respondent did not accept the 8001585/2025Page2 claimant was at all material times disabled within the meaning of s.6 of the Equality Act 2010 by reason of Dyslexia. A preliminary hearing was assigned to determine disability status. The claimant was ordered to provide further information includingmedical evidence which she did. 3.Prior to the hearing on 18 February the parties lodged an agreed Joint Bundle of documents. Hearing 4.Theclaimant elected to give evidence. Becauseshewas not legally represented I explained once more to her the purposes of today’s hearing and confirmed that she would give evidence in relation to herallegedDyslexia condition. In the absence of a representative I indicated that I would ask her questions about her condition and the documents that had been lodged and thatthere would then be a short adjournment to allow her to consider whether there was any additionalevidenceshe wanted to give or highlight before Mr Stafford asked questions in cross-examination.I explained that after the cross examination she would have an opportunity to think about the answers she had …