Ms M. Giltinane v Oxleas NHS Foundation Trust (2305775/2021)
What happened?
Ms Giltinane worked as a full-time Specialty Doctor in Community Paediatrics for Oxleas NHS Foundation Trust (“the Trust”) from August 2020. She resigned in October 2021 and her employment ended in January 2022. She brought several claims against the Trust, including disability discrimination and unauthorised deductions from wages.
Before those claims could be heard in full, the tribunal had to answer one question:
Was Ms Giltinane a disabled person under the Equality Act 2010?
A disability discrimination claim cannot proceed until that question is answered. So this hearing was only about disability status, not about whether any discrimination happened. Ms Giltinane relied on three conditions: ADHD, depression and anxiety.
What was decided?
The tribunal found that Ms Giltinane was a disabled person under section 6 of the Equality Act 2010, because of her ADHD, throughout her employment with the Trust.
To count as a disability, a condition must be a physical or mental impairment that has a substantial and long-term adverse effect on someone’s ability to carry out normal day-to-day activities. “Substantial” here means more than minor or trivial.
The Trust accepted that Ms Giltinane had ADHD, which was formally diagnosed in August 2021. The tribunal noted that ADHD is a lifelong condition and found it was present throughout her time at the Trust.
Her symptoms, including problems with focus, severe distractibility, disorganisation and repeated checking, affected everyday tasks such as reading and following instructions, completing forms, managing bills and driving. Although her symptoms came and went, and medication later helped, the effect was long-term given ADHD is a lifelong condition and her symptoms were likely to recur.
The tribunal did not treat depression or anxiety as separate disabilities, but it did not need to. The medical evidence showed her ADHD caused low mood and anxiety, and the law required the tribunal to weigh up the overall effect of her symptoms.
One important point
This was a preliminary hearing that dealt only with disability status. The decision did not involve any determination on whether the Trust discriminated against Ms Giltinane. Those questions would be settled at a later hearing. Establishing that Ms Giltinane is disabled simply allowed her discrimination claims to proceed to this later liability hearing.
Why this matters for employers
The decision is a reminder that a recent, formal diagnosis is not the starting line for your responsibilities Ms Giltinane was found to be disabled from her first day, well before her diagnosis was confirmed. If someone is struggling with focus or organisation and raises that this could be due to an underlying but not formally diagnosed condition, your duty to consider adjustments can arise before any formal diagnosis reaches you.
It also shows that fluctuating symptoms still count. A condition that eases with medication, or with symptoms that come and go, can still be a disability if the effects are likely to recur. Assuming someone “seems fine now” is a risky basis for decisions.
Top lessons for employers
- Take early signs seriously. Requests for a quiet room, help with paperwork or a change to particular duties are worth exploring.
- Do not wait for a diagnosis. Your duty to make reasonable adjustments can arise once you know, or ought reasonably to know, that someone has an impairment that could amount to a disability.
- Look at the whole picture. Anxiety or low mood may be part of one condition, so avoid judging symptoms in isolation.
- Keep clear records of the adjustments you discuss and put in place. To keep up to date with the recent changes for data protection , check your business is ready here!.
How can Thrive Law help?
If you are supporting an employee with ADHD or another condition, we can help you handle matters fairly and with confidence. From reasonable adjustments to tricky conversations, our employment law team helps you get it right and reduce the risk of claims.
Conclusion
ADHD is being recognised in the workplace more and more, and this case shows how readily it can meet the legal test for disability. Getting ahead of it protects both your people and your organisation. For advice tailored to your situation, get in touch with the Thrive Law team today.
To find more case summaries like this one, and for further employment law tips and tricks, check out our blogs channel .
For more case summaries to be broken down, just like this one and for employment law topics, tips and tricks to keep your businesses thriving, check out Jodie Hill – YouTube Channel.
References
Full judgment: Ms M. Giltinane v Oxleas NHS Foundation Trust (2305775/2021)
Tribunal decision listing: GOV.UK Employment Tribunal decisions
